MAYA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of two appeals--Letter Patent Appeals Nos. 784 and 969 as they involve common question of law and are directed against the common judgment of the learned single Judge.

(2.) The Amritsar Improvement Trust, Amritsar (hereinafter called the Trust) framed a development scheme under Section 24 read with S. 28 of the Punjab Town improvement Act, 1922(hereinafter referred to as the Act) known as Truck Stand Scheme Which was notified under S. 36 of the Act on May 11, 1974. It was sanctioned by the government under S. 40 of the Act on May 9, 1977 and the sanction was notified under S. 42 of the Act in the Punjab government Gazette dated May 27, 1977. The scheme was challenged under the provision of Art. 226 of the Constitution of India on two grounds, namely that no provision for re-housing the petitioners had been made and that the sanction of the Scheme having been notified under S. 42 of the Act, more than 3 years after the notification under S. 36 no land could be acquired to execute the scheme. Both these grounds were negatived by the learned single Judge vide judgment dated September 30, 1980 and the petition dismissed. Dissatisfied there with the petitioners have come up in these appeals.

(3.) The development scheme framed under the Act necessarily has to provide for acquisition of the land as envisaged under S. 28 of the Act. The land is acquired under the provision of the Land Acquisition Act, 1894 as amended by the Punjab Town Improvement Act. The various amendments brought about in Land Acquisition Act are contained in the Schedule to the Improvement Act, Cl 2 of which reads as under:-