RAVINDER SINGH SIDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS writ petition has been filed for directing the Municipal Committee, Patiala not to enforce Town Planning Scheme (Sardarni Joginder Kaur Town Planning Scheme). The case set up in the writ petition is that the scheme was framed by the petitioners and submitted for sanction vide application dated 13th November, 1968. Sanction was duly granted, but the scheme was never implemented. In the year 1978, a revised scheme was proposed, which was sanctioned in the year 1982. The said scheme was also not implemented and vide application dated 1st March, 1990, the petitioners sought revision of the scheme on which no action was taken. The petitioners received a notice in June, 1990 under section 172 read with section 195 of the Punjab Municipal Act for demolition of boundary wall, against which a writ petition was filed, which was dismissed on 3rd October, 1990. Special Leave Petition against the said order was also dismissed on 10th March, 1991. On 29th July, 1992, the Municipal Engineer along with other persons came to the site and demolished the wall at point 'C' in the site plan, which was rebuilt by the petitioners. The wall was again breached on 6th March, 1993. The petitioners applied for revising the scheme by making an application before the Chief Minister on 3rd April, 1993, on which the Chief Minister on 19th April, 1993 stayed operation of the earlier scheme. Resolution dated 26th March, 1993 was passed by the Municipal Committee to the effect that scheme No. 13 be cancelled. The petitioners were summoned by the Regional Deputy Director Secretary, Local Government and thereafter, the scheme was sanctioned vide order dated 7th January, 1994, which has been annexed as Ex-P.13, but still the scheme has not been published nor objections invited thereto. On 6th August, 1994, some employees came to break open the boundary wall.

(2.) ON notice, reply has been filed by the Municipal Committee, Patiala stating that the petitioners had not disclosed about filing of suit on 13th August, 1991 against demolition of boundary wall, which was dismissed on 22nd July, 1992 and appeal of the petitioners was dismissed on 24th September, 1992, which has become final and, therefore, principle of res judicata will apply. It is also submitted that the writ petition having been dismissed against the earlier scheme, implementation of the scheme, therefore, could not be challenged. Further stand of the respondents is that the scheme known as Sardarni Joginder Kaur Town Planning Scheme, which was sanctioned by the Government on 22nd July, 1981 was still valid and operative. With regard to the order of the Chief Minister, it is stated that the order dated 19th April, 1993 was vacated by the Chief Minister on 23rd April, 1994 on representation of Capt. Amrit Pal. Singh and Sardar Baldev Singh, which order was annexed as Annexure R.2/3. As regards resolution dated 26th March, 1993, stand of the respondents is that resolution pertains to some other scheme No. 13 of Waraich Colony and Municipal Committee passed resolution dated 19th August, 1994 reiterating the earlier scheme, a copy of which is Annexure R. 2/4 and communications Annexures P.13 and P.14 relied on by the petitioners stood superseded by the order of the Chief Minister on 23rd April, 1994, Annexure R.2/3.

(3.) LETTER dated 7th January, 1994, Annexure P.13, inter alia is as under :