PIARA SINGH, ETC. Vs. STATE OF PUNJAB, ETC.

JUDGEMENT

(1.) This order will dispose of C.W. Nos. 2891 of 1971, 2194 and 2755 of 1972, as common questions of law and fact are involved in all these cases.

(2.) The petitioners in all these petitioners are displaced persons from West Pakistan. The Punjab Legislature enacted the East Punjab Refugees Rehabilitation (Buildings and Building Sites) Act, 1948 (hereinafter called the Act), to enable the State Government to acquire land for the purpose of carrying it out into plots for the constructions of residential houses, shops, cattle sheds, garages, workshops, factories etc. The plots or the buildings constructed thereon were to be leased out or sole to displaced persons from West Pakistan to enable them to rehabilitate themselves. Under the Act, a residential colony called Model Town, Jullundur, was planned and some houses built in that colony by the State Government were sold by auction on November 14, 1948 for which proclamation was issued, a copy of which is annexure 'A' to the writ petitions. The petitioners purchased houses on that auction and paid full price for the same. They were issued conveyance deeds and they have been in possession thereof ever since. In 1971, the State Government carved out plots out of the open spaces left earlier and sold the same to unofficial respondents to these petitions. This sale of plots to the said respondents has been challenged by the petitioners in these writ petitions.

(3.) Written Statement have been filed by the respondents to which replications were also filed.