SURUCHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed praying for directions to quash order dated 29.12.2015 (Annexure P-9) of the Improvement Trust, Kapurthala (for short "the Trust") whereby the change of land use from residential to commercial of Plot No.4 in Model Town Scheme No. 1, Kapurthala, sanctioned by the State Government vide notification dated 10.01.2011 was cancelled. It is further prayed that the respondents be directed to allow the petitioner to raise construction as per the notification dated 10.01.2011.

(2.) Plot No. 4, situated in Development Scheme No. 1, Kapurthala was allotted to the husband of the petitioner by the Trust vide allotment letter dated 10.10.1983. After his death on 26.02002, the said plot was transferred in favour of the petitioner (his widow) vide letter dated 21.11.2003. The petitioner submitted a representation to the Chairman, of the Trust, requesting for change of land use in respect thereof from residential to commercial. In her letter of request, she pointed out that on the back side of the plot there was a 60 ft. wide road, which proceeded to Kanjli Bridge. On the opposite side of the road, there existed shops, Chaudhary Market, Car Washing Point and Cooperative Bank. A similar request for change of land use was submitted in respect of Plot No. 5 as well. The Trust vide resolution No.349 dated 30.11.2006 (Annexure R-3/2) approved the request for change of land use in respect of Plot No. 4 and Plot No. 5. It was also resolved that the approval of the same be taken from the Government as the Trust had no right to change the land use without prior approval of the Government. Pursuant to this resolution, a letter dated 212006 (Annexure P-2) was addressed on behalf of the Trust to the Director, Local Government, Punjab, in which it was stated that the Improvement Trust has taken a decision to change the land use of plots No.4 and 5 after receiving sanction from the Government. It was pointed out that the aforesaid plots were open on two sides and in front of these plots, there was a 30 feet wide road and on the rear side, there is Kanjli Road, which is 60 feet wide and the whole of this road is commercial. It was intimated that as per the decision taken by the Trust, if the government changes the land use of the aforesaid plots, the Trust would have no objection. Resolution No.349 dated 30.11.2006 of the Trust and the report sent by the Improvement Trust was considered by the Government and order dated 17.03.2010 was issued wherein it was recorded that it had been decided to declare the 60 feet wide Kanjli Road as commercial as per Change of Land Use Policy, 2006. It was also decided that for commercial purposes of the plots situated on the 60 feet wide road, the front of the same shall be towards 60 feet wide road. The Trust was directed that before sending the case of change of land use in respect of the plots under reference to the Government for approval, the legal procedure as required by the Punjab Town Improvement Act, 1922 (for short 'the 1922 Act') read with Sec. 19 of the General Clause Act, 1898 be completed.

(3.) In compliance with aforesaid order, the Trust caused publications to be made in three newspapers 'Dainik Jagran' 'Akali Patrika' and 'Punjabi Tribune'. No objection/suggestion was received within the prescribed period of 30 days. The Trust thereafter addressed communication dated 19.08.2010 to the Secretary Local Government Department, Punjab reiterating that the Trust has already granted approval for change of land use of the plots vide resolution No.349 dated 30.11.2006 and that the required procedure of publication for inviting objections to the proposed change of land use had been complied with and that no objection had been received. A draft notification was forwarded to the Government with the request that formal notification u/s 43 of the 1922 Act regarding change of land use of the said plots may be issued. Thereafter, the Government issued notification dated 10.01.2011(Annexure P-5) according sanction to the proposed change of land use of Plot No.4 measuring 276.11 Sq. Yards and Plot No.5 measuring 281.45 Sq. Yards, Model Town, Kapurthala subject to certain conditions.