HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition for quashing of notice Annexure P-2 issued by the Improvement Trust, Gurdaspur (hereinafter referred to as the Trust') regarding development scheme and notification Annexure P-5 dated 16. 3. 1994 issued by the Government of Punjab under Section 42 (1) of the Punjab Town Improvement Act, 1922 (for short, the Act' ).

(2.) PETITIONERS No. 1 to 15 are owners in possession of various parcels of land falling in the revenue estate of village Litter, District Gurdaspur and described in detail in para No. 1 of the writ petition. The Trust prepared development scheme No. 4 in the year 1989 covering an area of 35 acres of land. That scheme was not finalised in accordance with the provisions of the Act. Subsequently, vide resolution No. 17 dated 19. 4. 1993, respondent-Trust framed development scheme No. 5 covering 34 acres of land falling on Jail Road, Gurdaspur. Notice Annexure P-2 was issued by the 'trust under Section 36 of the Act. Final notification evidencing sanction of the scheme by the Government was issued on 16 3. 1994. The petitioners have challenged the notice issued by the Trust under Section 36 of the Act and the notification Annexure P-5 on the following counts :-

(3.) DURING the course of hearing of the writ petition, Shri Ravinder Chopra, learned counsel for the respondent-Trust produced original record to show the publication of notices in the official gazette and the newspapers. Shri Chopra also pointed out that petitioner-Harbhajan Singh was served with notice under Section 38 on 24. 5. 1993 and he filed objections on 14. 7. 1993. Petitioner Kuldip Singh was served on 25. 4. 1993 and he filed his objections on 15. 7. 1993. Petitioner-Sulakhan Singh was served with the notice on 24. 5. 1993. Darshan Singh, Wassan Singh and Raghbir Singh (all sons of Dalip Singh) and Baldeep Kaur wife of Dalip Singh were served with the notice on 24. 5. 1993 and they filed objections on 18. 7. 1993. Kashmir Singh son of Man Singh, Dalbir Kaur widow of Jagir Singh, Bikram Singh Swaran Singly Pritpal Singh (all sons of Jagir Singh) were served with notice on 21. 5. 1993. Rachhpal Kaur was also served with notice on 21. 5. 1993. Gurbax Singh son of Jawahar Singh and Gurbux Kaur mother of Daljit Singh were served with notice on 24. 5. 1993.