SARABJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners have invoked writ jurisdiction of this Court for directing the respondents to allot plots to them in accordance with resolution No. 463 dated 27.2.1974 passed by the Karnal Improvement Trust, Karnal (hereinafter referred to as 'the Trust').

(2.) A perusal of the record shows that for the purpose of implementing scheme No. 5 framed by it for development of a new Subzi Mandi at Karnal, the Trust acquired land measuring 5.25 Acres. The scheme was notified as early as on 8.8.1963 but the proceedings of acquisition could be finalised only in 1972 when the Land Acquisition Collector passed award dated 7.11.1972 in terms of which the landowners were paid compensation at the rate of Rs. 19/- per square yard with 15% solatium. After about 10 months, the Trust passed resolution No. 396 dated 25.9.1973 for extension of the Subzi Mandi over an area measuring 18.8. acres (approximate). For giving effect to the aforementioned resolution, the Trust decided to acquire more land but instead of going for acquisition by following the detailed procedure laid down in Sections 36 to 42 of the Punjab Town Improvement Act, 1922 (hereinafter referred to as 'the Act'), it decided to purchase the land from the owners by negotiations. For this purpose, the Trust passed resolution No. 463 dated 27.2.1974 of which the salient features are detailed below :

(3.) IT appears from the record that after developing the area the Trust decided to auction the built up booths (Scheme No. 5) and booth sites (Scheme No. 67). This was challenged by Manohar Lal and others by filing C.W.P. Nos. 1893, 13171 and 13613 of 1989, 2945, 3820, 7506, 7507, 7749 and 10353 of 1990 and 6726 of 1991 with the prayer that a direction be issued to the respondents to allot built up booths and booth sites to them at the reserved price. By an ex parte interim order dated 14.2.1989 passed in C.W.P. No. 1893 of 1989, this Court stayed the proposed auction. After notice, the following interlocutory orders were passed by this Court.