LUDHIANA IMPROVEMENT TRUST Vs. PRITAM KAUR

JUDGEMENT

(1.) THIS appeal has been preferred by the Improvement Trust, Ludhiana against judgment of learned Single Judge, allowing the writ petition filed by respondents No. 1 to 4 and directing the appellant to allot plots measuring 500 sq. yards to each of the four respondents under the Utilisation of Land and Allotment of Plots by Improvement Trust Rules, 1975 (for short, "the 1975 Rules").

(2.) RESPONDENTS No. 1 to 4 are legal heirs of S. Gurcharan Singh being widow and daughters. The appellant is a statutory authority constituted under the provisions of Punjab Town Improvement Act, 1922. It framed a development Scheme under the provisions of the said Act opposite the Khalsa College for Women on Sheep Shank Road, Ludhiana by virtue of which land of the respondents was acquired. In the area affected by the Scheme, S. Gurcharan Singh had 1/3rd share. Award was announced on 9.11.1976, determining compensation. Two applications were filed, one by Mrs. Kiran Ajitpal Singh, respondent No.4, dated 23.2.1978 (Annexure P-2) and another by respondents No. 1 to 4 dated 11.11.1982 (Annexure P-3), seeking allotment of a plots in accordance with the 1975 Rules. The writ petitioners, thereafter, served Legal Notice and then filed writ petition in this Court on 20.10.1984. It was pleaded that in December, 1983, a new set of rules known as Punjab Town Improvement (Utilization of land and Allotment of Plots) Rules, 1983 (for short, "the 1983 Rules") was introduced which adversely affected entitlement of the writ petitioners, but the same did not apply to the case of the writ petitioners.

(3.) LEARNED Single Judge considered the matter with reference to following questions :-