GILLCO DEVELOPERS AND BUILDERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has been granted a colonizer licence by Punjab Urban Planning and Development Authority-respondent No.5. A controversy had arisen between the Coloniser as well as the Improvement Trust, Ropar,respondent No.2. Improvement Trust claimed that the land for which the licence had been granted in favour of the petitioner was the Trust's land for which a valid Town Improvement Scheme had been framed by the Trust, although there is variance between the parties with regard to the time when the aforesaid scheme was framed. The petitioner claims that the scheme had been framed after the licence had been granted to the petitioner-Company whereas the stand of the Trust is that the aforesaid scheme had been framed much earlier to the grant of the licence to the petitioner-Company.

(2.) The facts which emerge from the record show that on subsequent date i.e. September 5,2005 the Improvement Trust, Ropar passed a resolution whereby it agreed to grant exemption to the land for which licence had been granted in favour of the petitioner-Company. However, the aforesaid resolution was passed with certain stipulations. It is the conceded position between the learned counsel for the parties that the aforesaid resolution had been sent for grant of necessary approval and as of today the same is pending consideration with the State Government of Punjab. No final decision has been taken by the State Government on the aforesaid resolution passed by the Trust.

(3.) In view of the aforesaid fact, the present writ petition is disposed of with a direction to respondent No.1, the State of Punjab to take a final decision on the resolution dated September 5,2005 passed by the Improvement Trust ,Ropar within a period of three months from the date a certificated copy of this order is received. Till a final decision is taken by the State Government, the interim order passed by this court shall continue to operate in favour of the petitioner-Company.