JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present writ petition has been filed for issuance of a writ in the nature of Certiorari quashing the allotment letter dtd. 25/3/2025 (Annexure P-14), whereby price of Rs.45,000.00 per sq. yard has been quoted for allotment of plot No. 815-F measuring 500 sq. yard in Shaheed Bhagat Singh Nagar Development Scheme and further seeking issuance of a writ in the nature of Mandamus directing the respondents to charge the price as per rates prevalent on 30/10/2015 and issue a fresh allotment letter to the petitioners.

(2.) The brief facts of the case are that the petitioners' father, namely, Dalip Singh son of Phuman Singh was owner in possession of 1/3 share of 102 kanal of land situated in village Sunet Tehsil and District Ludhiana. After the demise of Dalip Singh on 17/1/2009, the petitioners inherited the entire estate vide registered Will dtd. 30/4/2001 and the mutation was also sanctioned in their favour. The aforesaid land was acquired by Ludhiana Improvement Trust for the purposes Shaheed Bhagat Singh Development Scheme for which the Notification under Sec. 36 of the Punjab Town Improvement Act 1922 was issued on 2/7/1976/28/6/1979. As per the Trust Rules 1975, which were applicable at that time, Dalip Singh deceased was entitled to allotment of a plot being a local displaced person. He had applied for allotment of a plot on 30/6/1982 and the earnest money was deposited on 7/7/1982 (Annexure P-1), and besides that all the requisite documents were also submitted. After the demise of the father (Dalip Singh), the petitioners stepped into the shoes of their deceased father and vide representation dtd. 5/1/2015, they approached respondent-Trust for the allotment of the plot. Owing to the inaction on the part of the respondent-Authorities, a legal notice was served by the petitioners upon the respondents, but the same did not yield any result. The petitioners filed CWP-24006-2015, wherein directions were issued to the respondents in terms of order dtd. 8/5/2014 passed by this court in CWP-8775-2024. Consequently, the respondent-Trust passed a speaking order dtd. 28/12/2017 (Annexure P-5) holding the petitioners entitled to allotment of plot measuring 500 sq. yards at the then current reserve price.

(3.) It is the further the case of the petitioners that no effective action was taken by the respondent-Authorities and aggrieved whereby, the petitioners again approached this Court by way of a Contempt Petition, which was later on withdrawn and consequently CWP-11854-2018 was filed for implementation of the order dtd. 28/12/2017, wherein the respondents filed a reply to the effect that Plot No. 397-G, Bhai Randhir Singh Nagar Scheme stood allotted, vide allotment letter dtd. 18/3/1985 (Annexure P7), to the petitioners in lieu of the acquired land. However, the petitioners claimed that plot No. 397-G was allotted vide letter dtd. 18/3/1985, in lieu of their land acquired for 550 Acre Development Scheme known as Bhai Randhir Singh Nagar Development Scheme, whereas, the respondent-Authorities were legally bound to allot them the plot in lieu of the land falling to the share of their late father Dalip Singh. Vide order dtd. 27/5/2024, CWP-11854-2018 was disposed of on the basis of an additional affidavit dtd. 23/5/2024 filed by the Principal Secretary to Government of Punjab, Department of Local Government, Punjab, wherein it was deposed that the Improvement Trust Ludhiana was in the process of allotment of plots under the LDP Category at the correct reserve price by adopting due process of law. In compliance of the abovesaid order of this Court, the respondent-Trust vide Resolution No. 82 dtd. 26/6/2024, revised the reserve price of the plots and allotment was made at the rate of Rs.45,000.00 per sq. yard.