MOHINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has approached this Court with a prayer for issuance of a writ in the nature of Certiorari for quashing of the order dtd. 5/4/2017 (Annexure P-3) vide which the claim of the petitioner for allotment of a plot as 'Local Displaced Person' (LDP) has been rejected. The petitioner has further sought issuance of a direction to Improvement Trust, Ludhiana to allot a plot to which she is entitled to under the Rules.

(2.) Brief facts of the case are that Late Sh. Attar Singh, who happened to be the grandfather-in-law of the petitioner, was the owner of land measuring 12 K-3M being 1/3 share of the land, comprised of khasra No. 474/591, 482/601, 490/614 and killa No. 64//9/1, 10/2, 11/2, 12, in village Sunet. This land was acquired vide a Notification issued under Sec. 42 of the Punjab Town Improvement Trust Act, 1922 (hereinafter referred to as 'the 1922 Act' for short) on 28/6/1979. The award was passed, and the land was acquired for 475 Acre Shaheed Bhagat Singh Nagar Development Scheme. Being eligible for allotment of a plot, Sh. Attar Singh applied for the same on 12/5/1982 vide application (Annexure P-1). Above said Attar Singh bequeathed his entire estate in favour of his two daughters-in-law i.e. the petitioner and Beant Kaur, vide Will dtd. 12/10/1984. Sh. Attar Singh died in the year 1985. Being legal representatives of Sh. Attar Singh, the petitioner along with Beant Kaur are entitled for allotment of a plot under 'Local Displaced Person' category under the Utilisation of Land and Allotment of Plots by Improvement Trust Rules, 1975 (hereinafter referred to as 'the 1975 Rules' for short) which were prevailing at the time of acquisition of land in 1979. Despite being eligible as the legal representative of Sh. Attar Singh, the plot was not allotted to the petitioner.

(3.) The petitioner had earlier approached this Court with a prayer to direct the Improvement Trust, Ludhiana to consider her case and decide on her representation. A Division Bench of this Court, vide order dtd. 21/3/2016 passed in CWP No. 5326 of 2016 (Annexure P-2), directed the respondents to consider the representation of the petitioner dtd. 14/12/2014. The Improvement Trust rejected the claim of the petitioner by passing a speaking order dtd. 5/4/2017 (Annexure P-3). Now the petitioner has approached this Court seeking quashing of order dtd. 5/4/2017 (Annexure P-3) and for allotment of a plot as 'Local Displaced Person'.