NAWAL SINGH Vs. ADMINISTRATOR MUNICIPAL COMMITTEE CHARKHI DADRI

JUDGEMENT

(1.) THE true import of Section 44-A of the Punjab Town Improvement Act. 1922. inserted by was of Amendment by Haryana Act No. 17 of 1973--is the is the significant question which falls for determination in this reference to the Ful1 Bench in the set of 4 connected civil writ petitions. Equally at issue is some apparent discordance of views within this Court on the point.

(2.) THE learned counsel for the parties are agreed on the similarity of the facts and the identity of the legal issues in those cases and this judgment will therefore, govern all of them. It consequently suffices to pick the matrix of facts from Civil Writ Petition No. 467 of 1982 (Nasal Singh v. The Administrator, Municipal Committee.

(3.) THE Church Deader Improvement Trust, Church Deader prepared a scheme dated 23rd January. 1976. titled as "the Development Scheme No. IB" for constructing a Harridan Colony near Gaushala Gandhi Ashram and Delhi Narnaul Road under Sections 24 and 26 of the Punjab Town Improvement Act. 1922 (hereinafter called 'the Act' ). The said scheme was duly published under Section 42 (l) of the Act in the Official Gazette dated 6th February. 1976. The land of the petitioner situated within the municipal limts of Charkhi Dadri upon which the petitioner had constructed a residential house came within, the said scheme. In pursuance thereof the award of the Collector was announced on 3rd November. 1976.