DHARAM CHAND Vs. MUNICIPAL COMMITTEE/MUNICIPALITY

JUDGEMENT

(1.) THIS order will dispose of LPA Nos. 985, 1033, 1034, 1069 of 2002 and 122 and 126 of 2003, arising out of common judgment of learned Single Judge dated 8.8.2002. Learned Single Judge allowed the writ petitions of the petitioners but directed the respondents to complete the procedure of acquisition within six months subject to the observation that the acquisition will be at the price prevalent at the time of framing of Town Planning Scheme which was subject matter of challenge i.e. 30.4.1983.

(2.) FACTS noticed in the judgment of the learned Single Judge pertain to CWP No. 16731 of 1990. Therein, the grievance of the writ petitioners was that by the Town Planning Scheme, the Municipal Committee sought to demolish the buildings without framing a building scheme under section 192 of the Punjab Municipal Act, 1911 (in short, 'the Municipal Act'). It is only by framing "building scheme" that 25% of the acquired land could be taken free. The effort of the Municipal Committee to take 25% land free in execution of a Town Planning Scheme under the provisions of the Punjab Town Improvement Act, 1922 (in short, "the 1922 Act") was not valid.

(3.) LEARNED Single Judge held that the difference between Town Planning Scheme and the Building Scheme could not be ignored. Under Town Planning Scheme, un- built land could be taken by paying compensation to the extent of 75%, while in the case of a building scheme, even buildings could be acquired by paying compensation to the extent of 75%. The Municipal Committee has, thus, to frame a building scheme if it wanted to proceed against built up area. Accordingly, it was directed as under:-