PARMA WATI Vs. MUNICIPALITY/MUNICIPAL COMMITTEE

JUDGEMENT

(1.) This order shall dispose of Civil Writ Petition Nos. 4039 and 4884 of 1988 as both these petitions impugn the Town Planning Scheme of un-built area No. 2, part-2, sanctioned by the State of Punjab for its development by the then Municipal Committee (now Municipal Corporation), Bhathinda. COCP Nos. 1275 & 1548 of 2007, which have been ordered to be heard alongwith these cases are also being disposed of.

(2.) For brevity, the facts are being extracted from CWP No. 4039 of 1988.

(3.) The petitioner is said to have purchased property bearing H. No. B-VII-299 by way of a registered sale deed dated 18.4.1975 from one Amar Singh son of Jassa Singh, who in turn had purchased the same vide registered sale deed dated 27.9.1971. The petitioner received a notice from the respondent-Municipality dated 27.1.1988 and again dated 28.4.1988 purportedly under Section 172 (2) of the Punjab Municipal Act, 1911 (hereinafter referred to as 'the Act') calling upon her to demolish a part of the property. The petitioner, on enquiry, found that a portion of her property had been included in the Town Planning Scheme for an unbuilt area notified on 22.5.1975. The said Scheme was framed by the then Municipal Committee, Bhathinda under Section 192 of the Act and was sanctioned by the State Government on 31.12.1976. Thereafter, a supplementary Town Planning Scheme was also got sanctioned on 22.1.1983.