KHANNA IMPROVEMENT TRUST Vs. JAI GOPAL GUPTA

JUDGEMENT

(1.) The present Letters Patent Appeal is directed against the judgment of the learned Single Judge whereby while quashing Annexure P/10 dated 11.8.1986 a direction to allot two plots to the respondents has been issued. The facts giving rise to the appeal are as under :-

(2.) The Khanna Improvement Trust, Khanna, the appellant herein, framed a Scheme under the Punjab Town Improvement Act 1922 (hereinafter referred to as the "Act") for the development of a residential-cum-commercial centre within that town. The land which was sought to be acquired included an area of 14 & 15 Marlas belonging to respondent Nos. 1 and 2 respectively. The land was finally acquired vide Award dated 25.11.1981. The State Government in exercise of the powers under Section 73(1)(xiii) of the Act framed rules known as the Utilisation of Land and Allotment of Plots by Improvement Trust Rules, 1975, (hereinafter called the 1975 Rules) which came into force on 18-9-1975, which provided inter alia for allotment of plots at a reserved price to the persons, who had been displaced on acquisition of their land. Rule 2 of these rules defined a local displaced person in the following terms :-

(3.) The learned counsel for the appellant has urged two basic points; firstly, that the 1975 Rules did not apply to the respondents as they did not qualify to be called Local Displaced Persons and secondly, that no final decision had been taken by the appellant or conveyed to the respondents with regard to the allotment of plots to them so as to confer an indefeasible right on them.