SHRI ARJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Letters Patent Appeal Nos. 219, 240 to 250, 252 to 257, 261 and 262 of 1974, are directed against the judgment dated March 22, 1974, of a learned Single Judge of this Court. The learned judge dismissed a number of writ petitions filed under Articles 226 and 227 of the Constitution of India vide the impugned judgment, out of which the writ petitioners feeling dissatisfied, have filed the L.P. As. referred to above. L.P. As. Nos. 99 and 138 of 1975, are directed against the judgment dated January 15, 1975, of a learned Single Judge of this Court, who allowed the writ petition filed under Articles 226 and 227 of the Constitution of India, by Naurata Ram, Hari Om and Nand Kishore petitioners and aggrieved against this judgment. The Ludhiana Improvement Trust, Ludhiana (hereinafter referred to as the Trust) has filed L.P.A. No. 99 of 1975; whereas L.P.A. No. 138 of 1975 has been filed by the State of Punjab against the same judgment of the learned Single Judge. Since the common questions of law are involved in both the sets of Letters Patent Appeals referred to above, therefore, the same are being disposed of by a common judgment.

(2.) The facts in L.P. As. Nos. 219, 240 to 250, 252 to 257, 261 and 262 of 1974, are common, and therefore, only the facts of L.P.A. No. 219 of 1974 may briefly be stated.

(3.) Arjan Singh appellant in L.P.A. No. 219 of 1974, is a landowner of village Sunet, Tehsil and District Ludhiana. The trust passed a resolution No. 95 of December 14, 1970, for framing a Scheme under Section 24 read with Section 28(2) of the Punjab Town Improvement Act (hereinafter referred to as the Act). The Scheme covered the area measuring approximately 550 Acres. Notice as contemplated under Section 36 of the Act in respect of the proposed Scheme, was first published in the news-paper on February 9, 1971. The appellant filed the objections. Ultimately, the Scheme was submitted to the State Government for sanction. The Scheme was sanctioned by the State Government vide notification dated October 28, 1972.