PRITAM KAUR GREWAL Vs. THE IMPROVEMENT TRUST, LUDHIANA

JUDGEMENT

(1.) INVOKING extra-ordinary writ jurisdiction under Article 226 of the Constitution of India, the petitioners have prayed for issuance of a writ in the nature of mandamus directing the Improvement Trust, Ludhiana, respondent No. 1, (hereinafter referred to as "the Trust") to allot the plots to the petitioners on priority basis, as provided under the Act and the Rules of 1975. The petitioners have further prayed that the allotment of plots to respondent Nos. 2, 3, and 4 be cancelled, being illegal.

(2.) THE facts required to be noticed for the disposal of the writ petition are that the property of the petitioners was acquired by the State of Punjab for the purposes of Improvement Trust, Ludhiana for execution of its 2.2. Hectares Development Scheme opposite Khalsa College for Women on Sheep Shank Road, Ludhiana, in 1976. The petitioners were owners to the extent of 1/3rd share of the land measuring 8 Bighas 18 Biswas comprised in khasra No. 467 within the revenue estate of village Taraf Gahlewal, tehsil and district, Ludhiana. The total area comprising 8 Bighas 18 Biswas comes to 26700 sq. yards, one Biswa being of 150 sq.yard, therefore, the 1/3rd share of the petitioners comes to about 8900 sq.yards, i.e., about 2225 sq.yards comes to the share of each of the petitioners individually. The land is situated within the Municipal Limits of Ludhiana in the area of Civil Lines, Ludhiana.

(3.) IT has been further averred in the petition that in December, 1983, a new set of rules to govern the utilisation and allotment of plots was introduced known as Punjab Town Improvement (Utilization of Land and Allotment of Plots) Rules, 1983 (hereinafter referred to as "Rules of 1983") and with the introduction of these new rules, no criteria for eligibility was adopted, which, as per the case of the petitioners, is prejudicial to their interests and the Rules, 1983 are not applicable to their case, as their case for allotment of plots has to be decided under the Rules of 1975. Keeping in view the facts narrated above, and silence on the part of the respondents, the petitioners had no other option but to knock the door of this court by filing the petition under Article 226/227 of the Constitution of India by virtue of which, it was prayed that respondent No. 1 be directed to allot the plots on priority basis as provided under the Act and the Rules of 1975 and the allotment of plots to respondent Nos. 2, 3, and 4 be cancelled being illegal. Hence, this petition.