THE JALANDHAR IMPROVEMENT TRUST Vs. HARBANS KAUR

JUDGEMENT

(1.) HARBANS Kaur wife of Didar Singh resident of House No. E.J. 1063, Mohalla Gobind Garh, Jalandhar City filed suit for declaration against Jalandhar Improvement Trust, Jalandhar through its Administrator-cum- Commissioner, Municipal Corporation, Jalandhar to the effect that the cancellation of allotment of plot No. 153 measuring 6 marla in 55 acre development scheme situated on Police Lines Road, adjoining the Commissioner's Officer Jalandhar as a local displaced person to her vide memo No. 12240 dated 17.3.81 by the later is illegal, ultra-vires, arbitrary, mala fide, without jurisdiction and not binding upon her. By way of cosequental relief, she sought permanent injunction restraining the latter from interfering in her peaceful possession of the said plot. It is alleged in the plaint that Jalandhar Improvement Trust, Jalandhar proposed a "55 acre development scheme" on Police Lines Road, adjoining the Commissioner's officer, Jalandhar and acquired the said plot. Plaintiff was owner in possession of some land included in the said plot which had been acquired by the Jalandhar Improvement Trust, Jalandhar. She approached the Trust for the allotment of a plot for her rehabilitation as a "local displaced person". Jalandhar Improvement Trust, Jalandhar allotted her plot No. 153 measuring 6 marla vide resolution No. 488 dated 6.3.80. Under the orders of the Trust, she deposited Rs. 3000/- as 1/4th price of the plot vide receipt No. 29 dated 19.3.80 in the coffers of the Trust. Vide memo No. 12240 dated 19.3.81, the plot allotted to her was cancelled. It is alleged in the plaint that the Trust had no right or authority to cancel the plot allotted to her as the plot was allotted to her as a local displaced person in "55 acre development scheme" in which she had some share.

(2.) DEFENDANT Trust contests the suit of the plaintiff urging that she had no right or title to the plot or its allotment. It was denied that she was owner in possession of some land in the "55 acre development scheme" on Police Lines road adjoining the Commissioner's office, Jalandhar. She should have disclosed khasra number or boundaries of the land of her ownership in the said scheme so that Trust could make specific reply whether she was or was not owning any share in the land known as "55 acre development scheme" on Police Lines road adjoining Commissioner's office, Jalandhar. It was denied that she was a "local displaced person" as defined in the relevant rules. She was not and could not be categorised as a "local displaced person". As such, the alleged allotment was illegal, against facts and the relevant rules.

(3.) AT the conclusion of the trial of the suit, Subordinate Judge First Class, Jalandhar vide order dated 23.5.83 decreed the plaintiff's suit for declaration declaring the cancellation of plot No. 153 measuring 6 marlas in "55 acre development scheme" on Police Lines Road adjoining the Commissioner's office, Jalandhar as illegal, ultra-vires and without jurisdiction and for permanent injunction restraining the Trust from interfering in her possession of the said plot in view of her finding that she was a "local displaced person" and as local displaced person, she was entitled to plot in the scheme in which she was holding land from which she was displaced in view of the Jalandhar Improvement Trust Land Disposal Rules, 1954. It was found that no opportunity was given to her before the plot allotted to her was cancelled and there was thus negation of the principles or natural justice which lay down that no one shall be condemned unheard.