GURCHARAN SINGH Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) THE petitioners in both the writ petitions are residents of Bhatinda and own vacant land in Bhatinda in Khasra No. 2046/4. A Part of their land is sought to be included in a scheme in regard to the un- built area under the provisions of Section 192 of the Punjab Municipal Act.

(2.) THE grievance of the petitioners is that the land is being sought to be included in the scheme without calling for their objections and considering them also without payment of compensation for the land which they had been deprived. It has now been settled by the Supreme Court in Jogindra v. Municipality, Bhatinda (1995-1)109 P. L. R. 338, that Section 192 (1) (c) of the Punjab Municipal Act, 1911 is violative of Article 14 of the Constitution. The said provision enables transferring of unbuilt area to the Committee without payment of compensation if the transferred one shall not exceed 25 per cent of the total area of the land. In view of the decision of the Supreme Court, it is clear that no person shall be deprived of his property without payment of compensation. Admittedy, the objections of the petitioners were not called for and not heard by the Committee. On a consideration of the facts and circumstances of the case, I am of the opinion that it is appropriate in this case to direct the Municipal Committee, Bhatinda to hear the objections of the petitioners in regard to the scheme framed under Section 192 of the Punjab Municipal Act, 1911 and if the Municipal Committee decides to acquire or include any land of the petitioners in any scheme, the same could be done only on payment of compensation. The petitioners shall file their objections to the scheme within six weeks from today.