PHAGWARA IMPROVEMENT TRUST Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Madan Lal and other (private) respondents are residents of Phagwara and co-sharers in the land on Palahi Road, where they have installed tube-wells and built houses and shops. The Phagwara Improvement Trust (hereinafter the Trust) prepared a development scheme under section 24 read with section 28 of the Punjab Town Improvement Act, 1922 (hereinafter the Act) in relation to an area of about 60 acres including the property of the respondents. The scheme was published under section 36 of the Act in Punjab Government Gazette dated 7th, 14th and 21st May, 1976 inviting objections till 5th May, 1976. After the completion of requisite formalities, a notification under section 42 of the Act was published on 26th March, 1979. The respondents assailed the sanctioned scheme noticed under section 42 of the Act in C.W.P. No. 3654 of 1981 on the ground that they could not file objections against the scheme in terms of section 36 of the Act till 5th May, 1976 for the reason that it was published in the Gazette on 7th, 14th and 21st May, 1976. The writ petition was allowed vide order dated 25th February, 1982 and the sanctioned scheme notified under section 42 of the Act was quashed. It was left open for the Trust to publish the scheme under section 36 of the Act afresh and then proceed further in the matter according to law. It is against this order that the present Letters Patent Appeal is directed.

(2.) The relevant part of section 36 of the Act reads :

(3.) In C.W.P. No. 2131 of 1976 (Prof. Jodh Singh etc. v. The Jullundur Improvement Trust, Jullundur etc.), decided by a Full Bench of this Court on 27th April, 1984, the point whether a notice under section 36 of the Act is mandatory or otherwise was considered and in this context the following observations have been made :-