BALBIR SINGH SIDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE challenge in the present writ petition is to circulars issued by the Punjab Government on 28th July, 1994 (Annexure P/11); 13th December, 1994 (Annexure P/12) and 24th November, 1995 (Annexure P/13), whereby, the change of land use from residential to commercial and other non -residential uses was permitted on the entire length of Ferozepur road, Ludhiana on the terms and conditions mentioned in the said communications. The grievance of the petitioner is that respondents No. 4 and 5 have purchased property in Kartar Singh Sarabha Nagar, in respect of which the town planning scheme has been prepared. The petitioner relies upon resolution dated 28th November 1961 (Annexure P/2) passed by Ludhiana Improvement Trust, resolving that area of the Kartar Singh Sarabha Nagar is wholly reserved for residential purpose and no part of it shall be used for purposes other than residential. Since the land was reserved for residential purpose, the Improvement Trust, Municipal Corporation and State Government have no right to change the user of the land except after complying with the procedure contemplated in Section 43 of the Punjab Town Improvement, Act 1922. It is contended that the scheme is sought to be amended by circular, whereas, no notification amending the scheme was published. It has also been contended that the scheme stands executed when the scheme was transferred to Municipal Corporation in the year 1985 for maintenance purposes. Therefore, circular issued in the years 1994 -95 are after the execution of the scheme and does not fall within the jurisdiction of the State Government, so as to, modify any part of the scheme published.

(2.) IN reply filed by the Municipal Corporation it is stated that the scheme was transferred to Municipal Corporation Ludhiana in the year 1985 for maintenance and that the Government has ordered the change of land use of all properties situated/abutting on Ferozepur Road from residential to commercial and that no fresh sanction was required under Section 43 of the Punjab Town Improvement Act, 1922.

(3.) THE question to be examined is whether the scheme has been executed in terms of Section 43 of the Act, so as to empower the Improvement Trust/Municipal Corporation or State Government to modify the scheme framed. The second question is whether such scheme can be modified by way of circulars as submitted by learned counsel for the petitioner. Section 43 of the Act reads as under: - -