LUDHIANA IMPROVEMENT TRUST Vs. SHAHEED BHAGAT SINGH

JUDGEMENT

(1.) In the considered opinion of this Court, the questions which needs adjudication are

(2.) It is necessary to note the facts in detail. The respondent-Society claims to be the owner of land measuring 16800 sq. yds. located at Village Dugri, District Ludhiana. The Government of Punjab has enacted the Punjab Town Improvement Act, 1922 (hereinafter referred to as 'the 1922 Act') for the improvement and expansion of towns in a planned manner in the State. Section 3 thereof provides that the duty to carry out the provisions of the Act in any local area shall vest in a Board to be called 'the (name of town) Improvement Trust'. Every such Board shall be a body corporate having perpetual succession and a common seal. In the exercise of the aforesaid powers, the petitioner-Ludhiana Improvement Trust (hereinafter referred to as 'the petitioner-Trust') was created. In order to carry out a planned development of approximately 400 acres of land located at Ludhiana, the petitioner-trust proposed a scheme. The requisite notifications under Section 36 and 42 of' the 1922 Act' declaring its intention to acquire an approximate area of 400 acres of land for 'Model Town Extension Part-II' scheme were published. Out of the afore-said land, land measuring 16800 sq. yds. belongs to the respondent-Society. Similarly, individual pieces of land belonging to 5 other societies were also proposed to be acquired. The respondent-Society challenged the proposed compulsory acquisition before the High Court in Civil Writ Petition No.5166 of 1975 which was withdrawn on 03.05.1976. The Government vide a notification dated 25.06.1981 decided to release the entire land, measuring 16800 Sq.yds., owned by the respondent-Society from compulsory acquisition, subject to the following terms and conditions:-

(3.) On 24.02.2021, after hearing the arguments at some length, the Principal Secretary, Department of Local Government, Punjab, was requested to examine the file and assist the Court by attending the hearing through Video conference as it was brought to the notice of the court that pursuant to the FIR registered in the year 2001, no further action has been taken. Further, it was in observed that although the resolution of the Trust stands annulled in the year 2002, but the corresponding changes have not been made in the layout plan (Map). On 03.03.2021, Sh. Ajoy Kumar Sinha, Principal Secretary, Department of Local Government, Punjab, attended the virtual hearing and filed a short affidavit. On 09.04.2021, the matter was again taken up wherein it was recorded that additional pleadings have been filed. An additional affidavit filed on behalf of the Government was also taken on record. Thereafter, the case was again adjourned to 22.04.2021. An affidavit dated 20.04.2021 has been filed pointing out that the Commissioner of Police, Ludhiana, vide its order dated 04.03.2021 has formed a Special Investigation Team (SIT) to probe into the matter. The stand taken by the Government is that the entire fraud was perpetrated by the officers/officials of the Improvement Trust in connivance with the office bearers of the respondent-Society. It has further been pointed out that the Director General of Police, Punjab, has issued necessary directions to complete the investigation in a time-bound manner. It has further been pointed out that a revised lay out plan submitted by the petitioner-Trust has been approved by the Government on 19.04.2021, wherein the Government has earmarked the Society's land as exempted land in accordance with the order passed at the time of exempting the land from compulsory acquisition. Consequently, now the land of the society has not been earmarked as an open space or reserved for any special purpose.