GURMUKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of CWP Nos. 4242, 5631 to 5633 of 1985, 2127 of 1986 and 1505 of 1989 as common questions of law and facts are involved in these cases. For brevity, the facts are being extracted from CWP No. 4242 of 1985.

(2.) THE petitioner - Gurmukh Singh, [since deceased and is represented by his legal heirs] seeks quashing of Memo dated 27.12.1984 [Annexure P-2] whereby his claim for allotment of a plot in the category of Local Displaced Persons, has been turned down. While questioning the vires of Rule 2[a] and 7[1][a] and [b] of the Utilization of Allotment of Plots by the Improvement Trust Rules, 1975, the petitioner has also sought a direction to the Improvement Trust, Ropar to allot him a residential plot.

(3.) ON 30.7.1973 the Improvement Trust, Ropar held a meeting and resolved to frame a Development Scheme covering about 100 acres of land by acquiring the same. The proposed Scheme also included the land which the petitioner and his 15 co-purchasers had purchased in January, 1972. Pursuant thereto, a notice under Section 36 of the Punjab Town Improvement Act, 1922 [for short 'the 1922 Act'] was got published three times in the Daily Tribune dated 11.8.1973, 21.8.1973 and 28.8.1973. The aforesaid Scheme was finally sanctioned by the Government of Punjab vide Notification issued under Section 46 of the 1922 Act on 17.12.1974 [Annexure P-8].