BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners in these various petitions have approached this Court Under Articles 226/227 of the Constitution of India for quashing the notifications issued Under Sections 36, 40 and 42 of the Punjab Town Improvement Act, 1922 as also the subsequent proceedings initiated by the third respondent-Land Acquisition Collector.

(2.) BY this order we dispose of this and the connected 31 writ petitions also in view of the common questions of law and facts involved in these cases i. e. Civil Writ Petition Nos. 3815, 17668, 18057, 18058, 18059, 18060, 18061, 18062, 18063, 18176, 18688, 18871, 19001 of 1995 and Civil Writ Petition Nos. 1845, 12983, 13049, 13200, 13202, 13203, 13204, 13205, 13613, 13739, 13740, 13741, 13843, 13844, 13845, 13864, 15480 and 16131 of 1996.

(3.) SECOND respondent-Bhatinda Improvement Trust issued a notification dated 1st September, 1993 (Annexure P-1) in Civil Writ Petition No. 13201 of 19%) Under Section 36 of the Punjab Town-Improvement Act, 1922 (hereinafter referred to as the Act) for developing an area measuring 49. 5 acres known as 49. 5 acres Development Scheme, whereunder the trust framed a development scheme Under Sections 24 and 25 read with Section 28 (2) of the Act in respect of this area situated at the junction of Bibi Wala Road and Barnala Road within the municipal limits of Bhatinda. In response to the objections called for by the said notification, the petitioners who are owners of certain lands (petitioners in Civil Writ Petition No. 13201 of 1996 owned three bighas and 2/3 biswas of lands in Khasra No. 2394/2, at Village Bhatinda and also a plot of 200 square yards in the same khasra number, which are also sought to be acquired under the notification-annexure P-1) objected before the second respondent that it was nothing but a colourable exercise of the powers, on their part. In their objections the petitioners alleged that their lands and plot of 200 square yards are situated near the Guru Nanak Ice Factory add Cold Store, a highly developed and precious tract of land with considerable potential for being used for commercial and industrial purposes. According to the petitioners in Civil Writ Petition No. 13201 of 19% the plot measuring 200 square 'yards had already been earmarked for residential construction and sanction has been obtained from the Municipal Committee, Bhatinda. The plot is also enclosed by a boundary wall and foundations have been laid up to plinth level, apart from getting water connection in the year 1992. The petitioners also objected on the ground that there are palatial residential bungalows, factories and commercial establishments in this locality now sought to be developed and, therefore, there is no need for any further development since the area is already developed.