SMT. SHEO WANTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON April 21, 1975, the Petitioner purchased a piece of land measuring 400 square yards. On August 8, 1976, the Ludhiana Improvement Trust issued a Scheme for acquisition of the land. It was actually acquired thereafter and the award was given in the year 1980. The compensation in lieu of the land was paid to the Petitioner in the year 1981. She has now approached this Court after a lapse of 18 years, with the prayer that a writ in the nature of mandamus be issued, directing the Respondents to allot her a plot, measuring 300 square yards. This claim has been made on the basis that the Petitioner falls within the ambit of a 'Local Displaced Person', as defined in the Rules published vide notification dated September 18, 1975.

(2.) THE Respondent -Trust contests the Petitioner's claim on a two -fold basis. Firstly, it is alleged that the Petitioner does not fall within the definition of a Local Displaced Person. Secondly, it has been stated that the writ petition has been filed after an inordinately long delay of 18 years. It should, thus, be dismissed on that ground. It is also alleged that the Petitioner has not approached the Court with clean hands. She had not applied for the allotment of a plot under the Scheme at the relevant time. She had submitted the application in the year 1992, before which all the allotments had already been made.

(3.) THE claim has been controverted by the Learned Counsel for Respondent No. 2.