FAQUIR CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners seek a writ of mandamus directing the State Government to issue a notification "as envisaged under Section 2(j) of the East Punjab Urban Rent Restriction Act (hereinafter referred to as 'the Act' declaring Talwara to be an urban area". It has been averred that vide notification dated April 14, 1967, provisions of the Act were made applicable to Talwara Township. However, at the behest of the landlords and in-spite of rapid development of the town, the Government vide notification dated March 8, 1971, "denotified the township, thus giving an opportunity to the landlords to exploit the poor people against the aims and objects of the Act." In paragraph 14 of the petition, it has been averred that "now the area has been divided into two, i.e. one falling in the township area and the other area of 12 Sq. Km. over which the Gram Panchayat is exercising the jurisdiction and having no funds to look after the area and there is no development whatsoever." The petitioners state that in-spite of repeated representations, no action has been taken. A copy of one such representation has been produced as Annexure P-2 with writ petition.

(2.) I have perused the record. Mrs. Charu Tulli appears for the respondents.

(3.) IN the present petition, it has been averred that the area has been divided into two portions, i.e. one falling in the township area and the other area of 12 Sq. Km. over which the Gram Panchayat in exercising the jurisdiction. If the Government felt that a particular area should be declared urban area, it had the jurisdiction to do so. Even otherwise, the original notification was issued in the year 1967. The area was thereafter denotified in 1971. The petition has been filed in the year 1988. If during this long interval, the Government had no considered it appropriate to extend the provisions of the Act beyond a particular limit, no illegality can be attributed to its action.