BHATINDA IMPROVEMENT TRUST BHATINDA Vs. BALWANT SINGH

JUDGEMENT

(1.) This judgment of ours will dispose of four Letters Patent Appeals, as common question of law and fact is involved.

(2.) Letters Patent Appeals Nos.127, 128 and 129 of 1983 have been filed by Bhatinda Improvement Trust, Bhatinda, against the judgment of learned single Judge, dated 3/12/1982, by which three writ petitions Nos. 2508 of 1982, 854 of 1982 and 2358 of 1980 were disposed of. L.P.A. No. 458 of 1984 has been filed by the Batala Improvement Trust, against the judgment of another learned single Judge in C.W.P. No. 396 of 1979, decided on 30/03/1984, which is based on the judgment in the other three writ petitions, against which the aforesaid three Letters Patent Appeals have been filed.

(3.) It would be relevant at this stage to state facts in the three Letters Patent Appeals filed by the Bhatinda Improvement Trust (hereinafter called the Trust). In compliance with the provisions of Section 36 of the Punjab Town Improvement Act, 1922 (hereinafter called the Act), three consecutive notifications were issued by the Trust in the Punjab Government Gazette. on 17/06/1977, 24/06/1977 and 1st 1/07/1977. Earlier thereto in compliance with the provisions of Section 36 of the Act, three consecutive weekly publications were also made in the daily Tribune on 31/05/1977, 7/06/1977 and 14/06/1977. These notifications were notices to the general public by the Trust that the Trust had framed a development Scheme for residential purposes for economically weaker sections under Sections 24 and 25 read with Section 28(2) of the Act, for an area measuring approximately 26.13 Acres within the municipal limits of Bhatinda. Objections were invited to the Scheme so as to reach the Chairman, Improvement Trust, within 30 days of the first publication of the notice. The notification under Section 42 was issued by the Trust on 30/06/1980. It were these notifications under Sections 36 and 42 of the Act which were challenged in the three writ petitions, against which the above said three Letters Patent Appeals have been filed.