JAGDISH RAI CHAWLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment of ours would dispose of this petition and the other connected petitions--Civil writ Petitions Nos. 3652 to 3660, 4l36 4710, 5091, 5613 at 1982, 117, 136 aid 194 of 1963 as common question of law and fact arises in these petitions

(2.) In order to appreciate the controversy certain salient features of this case may be noticed:--:

(3.) The petitioner owned 1/Oth share b the residential land in Khasra No. 857, Khautini No. 1157 measuring 6 Karnals situated in village Gumtala within the urban area of Amritsar Known as 109 Urban Tehsil Amritsar. Vide Punjab Notification No. S1o 117 (41) SCI-73/'4961 d al l9th February, 1973, some land including the petitioners land was acquired by the state Of Punjab for the improvement trust. The possession the land was taken by the Improvement Trust on l9th May, 1980, after the announcement of the award on 4th May 1994. The Acquisition Collector awarded a sum of Rs. 1200/- in favour of the petitioner which was accepted by him under protest. It is further averred that after the acquisition of the land an advertisement appear in the Daily Tribune dated 17th July 1979 that a person whose land has been acquired by the Improvement Trust should make an application to the chairman, Improvement Trust, Amritsar for the allotments of the plots in lieu of the acquired land. In pursuance o the advertisement the petitioner made an application before the chairman Improvement Trust Amritsar for the allotment of plot in the Ajnala Road. Development Scheme. Amritsar. On the said application, Plot No. A/103, measuring 250 Sq. yards was allotted by the Improve trusts vide its Resolutions Nos. 132 and 171 dated 1lth February, 1982 and 24th February, l982, respectively. This allotment as am local Displaced Person was made under the Amritsar Improvement Trust Land Disposal Rules, 1951 (hereinafter referred to as the Rules). Vide letter No. AiT/AO/ 2019 dated 25th February, 1982, the petitioner are required to deposit 1/4th price of the plot within 30 days, In pursuance of this demand notice the petitioner demand a sum of Rs. 4150/on 28th February, 1987, a 1/4th price of the plot in question. the other and time which were imposed was not fulfilled by the petitioner. The petitioner off the allotment, completed all the formalities. in plan dated a plan for sanction vide application dated 15 March, 1982, according to which, be proposed to build on the Plot. The said plan was sanctioned on 17th 1982.