PAUL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of a bunch of 19 writ petitions No. 1426, 2471, 2911, 3407, 4083, 4467, 5501 of 1985; 1476, 2714, 3982, 3983 of 1986; 1970 of 1987; 1559 of 1988; 4117,4118, 4925, 14222 of 1989 and 1556, 3357 of 1990, as the learned counsel for the parties are agreed that common questions of law and fact arise in them In order to appreciate the controversy between the parties, the facts are being taken from civil writ petition No. 1426 of 1985.

(2.) The petitioners are all landowners within the revenue estate of Gumtala, suburban, Tehsil and District Amritsar. The Amritsar Improvement Trust, Amritsar (for short 'the Trust') framed a Development Scheme under the provisions of the Punjab Town Improvement Act, 1922 (hereinafter called 'the Act') known as the Ajnala Road Expansion Scheme which covered an area measuring about 537 acres of land including the land of the petitioners. This Scheme was first notified in the official gazette on 21.4.1972 under Section 36 of the Act and the same was later sanctioned by the State Government under Section 41. The sanction of the Government was published under Section 42 of the Act on 19.2.1973 and thereafter the Trust was to execute the same. The Land Acquisition Collector gave his award on 4.5.1974. The Trust then through different notices including the one issued on March 21, 1980 invited applications on the prescribed forms for allotment of lots to the 'local displaced persons' under the Scheme. It is common case of the parties that all the petitioners filed their applications and deposited a sum of Rs. 500/- each in cash as application money within the prescribed time. The petitioners who claim to be the 'local displaced persons' under the Scheme were not allotted the plots and when some plots were about to be allotted to persons lower in preference to the petitioners, the present writ petitions were filed and the Motion Bench while admitting the writ petitions directed the respondents to reserve a plot for each of the petitioners in case they succeeded. It is also not in dispute that after reserving some plots for the displaced persons, presumably under the orders of this Court, the Trust through another public notice which appeared in the Daily Indian Express dated 27, 1985 invited applications from the general public for the allotment of residential plots by draw of plots on reserved price under the Scheme.

(3.) In exercise of its powers under Section 74 of the Act the Trust has framed the Amritsar Improvement Trust 'Land Disposal Rules, 1951 (hereinafter called the 1951 Rules). These rules besides defining a 'local displaced person' have made provision to offer for sale plots of land to different categories of persons in the order of preference stated in Rule 6(1) of the 1951 Rules. Rules 2(b), 6 and 7(1) which are relevant for our purposes are reproduced hereunder for facility of reference: