SURAT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The short question that requires determination in this case is whether a Development Scheme framed under Sections 24/28 of the Punjab Town Improvement Act, 1922 (hereinafter referred to as Act) and finally sanctioned under Section 42 of the Act, could legally be executed after the expiry of the period of five years ?

(2.) The facts on which there is no dispute are that the Jagadhri Improvement Trust, Jagadhri, framed a 'Development Scheme' under Sections 24/28 of the Act for an area measuring one acre situated in Suthran Street, Jagadhri, that the said scheme after complying with all the formalities, was sanctioned by the State Government under Section 42 of the Act on 15th of February, 1972 and notification in that respect was published in the Gazette on 27th of February, 1972; that no action was taken under the sanctioned scheme, and that the State Government vide notification No. 14/102/78-3CI dated 5th of October, 1978, extended the period for the execution of the scheme by another two years in exercise of its power under Section 44-A of the Act. The petitioners have challenged this action of the State Government through this writ petition as being without jurisdiction.

(3.) It was contended by Mr. Maleri, learned counsel for the petitioners, that the impugned scheme which was finally sanctioned by the State Government on 15th of February, 1972, might be executed within a period of five years from the date of its sanction, the extension for the execution of the Scheme could be given by the State Government during the period of five years and not thereafter only if the State Government was satisfied that it was beyond the control of the Trust to execute the Scheme, and that no extension of time could be given by the State Government after the expiry of five years.