ARUN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of these writ petitions i.e. CWP No. 2570, 4272, 10823, 12439, 15187 all of 2004 and CWP No. 19700 of 2006, challenge has been laid to notifications dated 05.1.2001 (Annexure P8), issued under Section 36 of the Punjab Town Improvement Act, 1922 (hereinafter referred to as the Act), dated 17.1.2002 issued under Section 42 of the Act (Annexure P14) and award dated 16.1.2004 (Annexure P22) whereby land/plots/houses of the Petitioners were acquired for a development scheme known as Ring Road Phase-I Development Scheme. Since common questions of law on similar facts have been raised in all these writ petitions, the same are being decided by one common judgment. However, the facts are taken from CWP No. 2570 of 2004.

(2.) As per the averments made in this petition, the Petitioners who are 129 in number, own small pieces of lands which they had purchased. The aforesaid plots fall within the municipal limits of Bathinda and all the civic amenities such as electricity, sewerage and telephone etc. are available in these localities. As per averments, many of the Petitioners are residing in their houses, built on these plots, after getting their building plans sanctioned by the Municipal Council/Municipal Corporation, and many Petitioners raised construction of their buildings after depositing development charges with Municipal Council/Corporation. It was further averred that some of the Petitioners have raised A-class construction on their respective plots.

(3.) Respondent No. 2 i.e. Improvement Trust, Bathinda, passed resolution No. 103 dated 12.12.2000 giving approval for framing a scheme for residential and commercial use on an area of 45.57 acres as per schedule of boundaries of the scheme. Thereafter, first notice under Section 36 of the Act was published on 5.1.2001 of the scheme framed under Sections 24,25,28(2) of the Act, giving the boundaries of the scheme. The objections to the scheme were also invited from the affected persons. The objections were heard by the Chairman of the Trust on 9/10.7.2001. Thereafter, vide notification dated 17.1.2002 (Annexure P14) the development scheme which was sanctioned by the government was notified under Section 42 of the Act, with the condition that no such vacant plots are to be adjusted which are included in the boundaries at the time of notification under Section 36 of the Act and the layout plan drawing of this scheme bearing No. 41/STP9(S) BTI/2001 dated 24.12.2001 was amended accordingly.