JODH SINGH Vs. JULLUNDUR IMPROVEMENT TRUST

JUDGEMENT

(1.) The case made out by the petitioner herein is that he submitted his objections against the acquisition of his property under S.40 of the Punjab Town Improvement Act (hereinafter referred to as the Act) and that without considering his objections the sanction of the scheme had been notified under sub-sec.(2) of S.42 of the Act, that the sanction so accorded is vitiated and, therefore, so far as the petitioner is concerned, the said sanction be quashed.

(2.) In the return filed on behalf of the respondent-Trust, it has been admitted that the objections filed by the petitioner got misplaced and, therefore, answering respondent being not in the know of any such objections obviously did not require the petitioner to appear for personal hearing.

(3.) Counsel appearing for the Trust has fairly conceded to the quashing of the notification sanctioning the scheme in terms of sub-sec.(2) of S.42 of the Act so far as it concerns the petitioner.