DEVINDER KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) CHALLENGE in the present writ petition is to the communication dated 03.10.1997, whereby allotment of plot No. 93 -E, measuring 400 Sq. yards in 256 Acres, Maha Rishi Balmik Nagar, Ludhiana was cancelled for the following reasons:

(2.) THE petitioner submitted an application dated 19.06.1981 through her attorney Gurbax Singh Grewal for purchase of 500 sq. yards plot in terms of "Utilization of land and Allotment of plots by the Improvement Trust Rules, 1975" (for short "the Rules"). The application was submitted along with the requisite fee. It was on 11.12.1990, plot No. 93 -E was allotted to the petitioner @ Rs. 180/ - per sq. yard. The petitioner deposited 25% of the amount but when the first installment was to be paid, the office refused to accept the same on the ground that all the allotments made by Mr. B.D. Aggarwal, the then Chairman of the Improvement Trust, are under scrutiny by the higher authorities and therefore the payment shall be received only after the clearance of those files. The petitioner then filed Civil Writ Petition No. 13314 of 1996 before this Court. In the said writ petition, the Improvement Trust took the stand that the allotment of the plot was illegal and that the allotment were made bye -passing all Rules and Regulations including communication dated 02.05.1995 issued by the State Government. The aforesaid writ petition was disposed of on 06.05.1997 with the following observations:

(3.) ON behalf of the respondents, the stand is that the Chairman alone is not competent to make allotment of plots as the allotment is to be made by the Trust only in terms of Rule 8 of the Rules. It is pleaded that Punjab Town Improvement (Utilization of land and allotment of plots) Rules 1983 (for short 1983 Rules) are attracted and not the Rules. It is also pleaded that the petitioner has claimed that she was sole owner of the land measuring 45 kanals 16 marlas, though she is a co -sharer. It is pointed out that large number of allotment of the plots was made by Mr. B.D. Aggarwal, the then Chairman of the Improvement Trust, in violations of the Rules and Regulations and that all such allotments have been cancelled. The allotment of plots cannot be made in the year 1990 on the basis of repealed Rules 1975. The petitioner was said to be not eligible for allotment of plot under 1983 Rules.