GURDIAL SINGH Vs. AMRITSAR IMPROVEMENT TRUST

JUDGEMENT

(1.) The Improvement Trust, Amritsar framed a development scheme under the Punjab Development of Damaged Areas Act. After the aforesaid scheme was sanctioned by the State Government in 1957, land/properties of the scheme area were acquired by the Land Acquisition Collector on behalf of the Improvement Trust, Amritsar. In the land/properties acquired, land/properties of one Nand Singh were also acquired, for which he was awarded compensation amounting to Rs. 45,417.50 paise. In accordance with the Land disposal Rules on account of the acquisition of his land/properties, Nand Singh was entitled to allotment of a plot in the scheme area. On an application made by Nand Singh, the Improvement Trust, Amritsar allotted plot No. 47 in the Bazar Ram Bagh Gate Area to him.

(2.) Unfortunately, Nand Singh died during the pendency of the proceedings before the Land Reference Court. Therefore, despite the fact that the Improvement Trust, Amritsar had accepted to allot plot No. 47 in the bazar Ram Bagh Gate Area to him, no formal agreement could be executed between Nand Singh and the Improvement Trust, Amritsar. In this behalf, it would be pertinent to mention that an agreement under the Land Disposal Rules in terms of the letter of the Improvement Trust, Amritsar dated 22.02.1962 was to be executed. Not only the agreement, but other formalities enumerated in the letter dated 22.02.1962 had also to be complied with before the finalisation of transfer of the property in question in the name of Nand Singh. On account of the non-transfer of plot No. 47 in the Bazar Ram Bagh Gate Area, legal heirs of Nand Singh filed a suit for permanent injunction with a prayer that the Improvement Trust, Amritsar be restrained from disposing of plot No. 47 in the Bazar Bagh Gate Area to any other person besides the plaintiffs. In this suit, the plaintiffs also prayed for a decree of mandatory injunction seeking a direction to the Improvement Trust, Amritsar to execute a sale-deed in respect of plot No. 47 in the Bazar Bagh Gate Area in their favour. The Present Regular Second appeal has arisen out of the dismissal of the aforesaid suit by the trial Court on 28.03.1978 and the dismissal of the appeal preferred by the plaintiffs by lower appellate Court on 08.10.1980.

(3.) In the suit out of which the present appeal has arisen, plaintiff Nos. 1 to 6 are the sons of Nand Singh and plaintiff Nos. 7 & 8 are his daughters. Plaintiff No. 13 is the widow of Charanjit Singh (son of Nand Singh who had pre-deceased Nand Singh). Plaintiff Nos. 9 to 12, 14 and 15 are the children of Charanjit Singh (son of Nand Singh who had predeceased Nand Singh).