MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Improvement Trust, Jalandhar, vide resolution No. 489 dated 21. 9. 1978 framed a development scheme for an area of 74. 9 acres on G. T. Road Bye Pass, Jalandhar, for TRUCK STAND. Notification Under Section 36 of the Punjab Town Improvement Act, 1922 (hereinafter referred to as the Act) was published in the official gazette on 30. 10. 1987. Notification Under Section 42 of the Act was published on 28. 10. 1988 within the statutory period of one year. Petitioner, who is running a workshop-cum-service station on an area measuring 3 K 11 M, filed Civil Writ Petition No. 30 of 1991 challenging the notification and also the Award. The acquisition was challenged inter-alia on the ground that the Award regarding land was given on 27. 10. 1990 whereas supplementary Award with regard to structures, trees (non-fruit bearing), trees (fruit bearing) etc. was given on 6. 5. 1991 i. e. on the expiry of two years' period as a result of which land acquisition proceedings stood elapsed. The petitioner got this writ petition dismissed as withdrawn and the same was dismissed as such by the Division Bench on 8. 6. 1991. In the present writ petition, the petitioner is seeking a writ in the nature of certiorari for quashing order dated 4. 1. 1993, Annexure P/12 whereby the State Government, Under Section 72-B of the Act annulled resolution No. 32 dated 13. 5. 1991 of the Improvement Trust vide which land of the petitioner had been decided to be exempted from acquisition.

(2.) MR . Sarin, counsel for the petitioner contended that order dated 4. 1. 1993, Annexure P/12 cannot be sustained inasmuch as no reason whatsoever has been given to annul the resolution of the Improvement Trust. According to the counsel, Under Section 72-E of the Act, resolution could be annulled only if the proceedings of the Trust were not in conformity with law and rules in force under any enactment for the time being applicable to Punjab generally or the areas over which the Trusts have authority.

(3.) AS noticed from the averments made in the written statement, resolution of the Trust exempting the property of the petitioner from acquisition was violative of the Punjab Scheduled Roads and Controlled Area Act, 1963 and no construction could be raised within 100 meters from the bye-pass. The Chief Town Planner, Punjab had also not supported the resolution of the Trust. In view of all these considerations, the State Government under Sub-section (2) of Section 72-E of the Act, had the power to annul the resolution as the same was not in conformity with the Punjab Scheduled Roads and Controlled Area Act, 1963.