HOSHIARPUR IMPROVEMENT TRUST Vs. GURCHARAN KAUR

JUDGEMENT

(1.) This order shall dispose of RSA Nos. 2 356, 2357, 2358, 2359 of 1989; 1466, 1468 of 1990 as the substantial question of law raised in these appeals is common. For brevity, the facts are being extracted from RSA No.2356 of 1989.

(2.) This Regular Second Appeal assails the judgement and decree dated 12.05.1988 passed by Sub Judge, First Class, Hoshiarpur whereby the appellant-Trust has been injuncted from taking possession of the suit property without carrying out afresh acquisition process in accordance with law. The said judgement and decree has been affirmed by the Additional District Judge, Hoshiarpur vide judgement and decree dated 15.05.1989. The only substantial question of law that arises for consideration is whether acquisition of the respondent's property comprising a double storey residential house is illegal being in violation of the mandatory procedure contained in the Punjab Town Improvement Act, 1922 (in short, 'the 1922 Act')?

(3.) The brief facts giving rise to these appeals are as follows:-