DURGA DASS VINAYAK Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Some vacant area including that of the petitioner was sought to be acquired in pursuance of a scheme notified under Section 36 of the Punjab Town Improvement Act, 1922 , hereinafter referred to as the Act, in the year 1961. The scheme was finally approved by declaration under Section 42 of the Act made on 26.10.1967. During this interregnum between notification under Section 36 and declaration under Section 42 of the Act, the people owning plots were permitted to build upon their plots in accordance with the scheme. Some others like the petitioner were permitted to dispose of their land for building purposes to others. Taking advantage of the said opportunity, the petitioner turned some portion of his land into plots and sold them. The land, that was earmarked for roads, open spaces etc. under the scheme by the petitioner for the plot-holders was to be left out as unconstructed both by the original owner as also by the purchases from him. The petitioner was allowed compensation for that portion of his land which was acquired by the Trust and which he had not sold away on his own. He had been paid compensation for all the land so acquired except for that portion of land which under the scheme formed part of a road.

(2.) The learned Collector in a memorandum dated 30.8.1972, which is annexed to the petition as annexure P/6-A, addressed to the petitioner, stated that the petitioner was not entitled to any compensation for the land utilized for the road on the ground that the land forming part of the road could be acquired without payment of compensation by the Trust by issuing a notice under Section 46 of the Act.

(3.) In this petition, the petitioner has sought a writ of mandamus against the Collector, respondent No. 3, to decide the petitioner's claim, as he had no business to deny compensation in anticipation of any resolution that may be passed by the Trust under Section 46 of the Act acquiring his land under the road without compensation.