DURGA DEVI Vs. AMRITSAR IMPROVEMENT TRUST

JUDGEMENT

(1.) The petitioner was the owner of plot No. 51 measuring 927 Sq. yards incorporated in Khasra No. 2021 as shown in the Jamabandi for the year 1939-40. This plot is situate in Krishan Nagar locality, Batala Road, Amritsar. In the month of August, 1963, this plot and some other area of land in Kristian Nagar was acquired under the Punjab Town Improvement Act, 1974 the Act). The Land Acquisition Collector fixed the value of this plot at Rs. 4500/- on June 3, 1964. The petitioner has also filed an appeal against this award but the compensation payable to her is not relevant for the purposes of this petition.

(2.) On July 14, 1965, the petitioner wrote to the Improvement Trust (hereinafter called the Trust) whether this plot No. 51, which was renumbered as 389, had been allotted to her in response to her application dated July 10, 1964, or not. No reply was sent to this letter. Thereafter, the petitioner addressed another communication to the Trust on August 21, 1965. In this letter, it was requested that the Trust should clarify its policy on the points whether the plots were going to be exempted from acquisition after charging the owners some development charges, whether the Trust shall implement the sale of the plots allotted to the local displaced persons on concessional rates including the development charges and whether the Trust shall implement the sale of the plots on the current rates. Vide her letter dated September 4, 1968, the petitioner informed the Trust that she had deposited a sum of Rs. 500/- as the earnest money with the Trust vide receipt No. 8714 dated July 10, 1964. The Trust was requested to inform her at the earliest possible time when this matter relating to the allotment of plots was to be finalised.

(3.) On August 13, 1970, the Trust passed Resolution No. 1867, which reads as under :-