AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners, fourteen in number, have invoked the writ jurisdiction of this Court for directing the respondents to execute the sale deed in favour of the petitioners of the plot allotted to them and also for quashing of the decision of the State Government dated 2.5.1995 (Annexure R -2/1) and the order dated 22.11.1995 (Annexure R -2/2), whereby the Improvement Trust demanded enhanced price from the petitioners.

(2.) THE Improvement Trust (for short 'the Trust'), Amritsar framed development scheme under the provisions of Punjab Town Improvement Act, 1922 (for short 'the Act'), known as Ajnala Road Expansion Scheme. The claim of the petitioners is that their land was acquired for the purpose of said scheme. It was notified in the official Gazette on 21.4.1972 under Section 36 of the Act. The State Government sanctioned the scheme and a notification under Section 42 of the Act was published on 19.2.1973. The Land Acquisition Collector gave his award on 4.5.1974. The possession was taken by the Trust in the year 1980.

(3.) IN reply, the stand of the respondents is that the show cause notices have been issued to the petitioners for cancellation of the allotment. Such show cause notices have been attached with the written statement. Primarily, the allotments are said to be liable to be cancelled on one of the three grounds, firstly, on the ground that some of the petitioners are co -sharers and therefore, not entitled to individual plot. Secondly, that the part possession has been taken, therefore, the petitioners are not entitled to allotment of the plots and thirdly, that one of the allottee is not said to be the owner of the land which was subject matter of acquisition.