JAI GOPAL GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jai Gopal and Asha Devi, petitioners before me were the owners of the land within the revenue estate of Khanna Town. Petitioner No. 1 owned 14 marlas of land and petitioner No. 2 owned 15 marlas of land separately, whereas they also jointly owned 6 marlas of land. This land falls within Khasra Nos. 2210 and 2211.

(2.) Khanna Improvement Trust, Khanna, respondent No. 2 (hereinafter referred to as the Trust) framed a scheme under the Punjab Town Improvement Act, 1922 and a notification in that respect under Section 36 was issued on 14.9.1973. Vide this notification, intention of the Trust to acquire 176 kanals and 5 marlas of land situated within the local area of the town was indicated for development of residential-cum-commercial centre. This included the land owned by the petitioners. After bearing the objections etc., finally the notification under Section 42 was published on 17.10.1975 and the award for compensation of the land was given by the Land Acquisition Collector on November 25, 1981,

(3.) The State Government exercising powers under Section 73(i)(xiii) of the Act framed Rules known as Utilisation of Land and Allotment of Plots by improvement Trust Rules, 1975 (hereinafter called as 1975 Rules). These rules came into force with effect from September 18, 1975. Under the 1975 Rules, provisions were made for allotting plots at the reserved price to the displaced persons whose land had been acquired. Rule 2(a) of the 1975 Rules defines the local displaced persons in the following terms :