NIRANJAN LAL Vs. MUNICIPALITY BHATINDA

JUDGEMENT

(1.) This judgment will dispose of five petitions, Civil Writ Petitions No. 1597, 299 of 1977, 3455, 5065 of 1978 and 53 of 1979, which have been filed to challenge the Town Planning Scheme Pocket No. 6 of the Municipal Committee Bhatinda. For the purpose of this judgment, the facts as alleged in Civil Writ Petition No. 1009 of 1977 have been noticed.

(2.) According to the allegations of the petitioner, the Municipal Committee Bhatinda (for short, called the Committee) passed a resolution, Annexure P-4 on May 6, 1968 declaring the land covered by Pockets No. 4-5 and 6, the boundaries and details whereof were entered in the list attached as unbuilt area under Section 3(18) of the Punjab Municipal Act (hereinafter called the Act). It was further resolved that a Town Planning Scheme be framed under section 192 and got prepared from the Divisional Planning Officer, Ludhiana. A week thereafter, another resolution, annexure P.5, was passed on May 15, 1968 to acquire land under the Land Acquisition Act falling under the scheme. It is further alleged at both these resolutions were cancelled by the Committee vide resolution, annexure P-6, dated September 10, 1968. However, a scheme-regarding Pocket No. 6 was sanctioned and notified by the Government on May 13, 1976 and to challenge the same, above mentioned petitions were, and the earliest of them being dated May 26, 1977. The petitioners did not disclose the facts fully in their petitions and so it is necessary to mention the other facts detailed in the written statements by the respondents.

(3.) Resolution, annexure P-6, was suspended by the Deputy Commissioner on November 4, 1970 and its suspension was confirmed by the Government on May 13, 1971. In the meantime, the Government vide communication, annexure R 3/2, dated November 17, 1969 declared the area measuring 22.23 acres as unbuilt area termed as pocket No. 6 under section 3(18)(b) of the Act. The Committee duly framed the scheme and notified it on October 15, 1973 inviting objections. Admittedly, no objections were filed by any of the petitioners in these petitions. After taking into consideration the objections filed, the Committee submitted the scheme to the Government which was duly sanctioned and notified on May 13, 1976.