SANTOSH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed for issuance of a writ in the nature of certiorari quashing the action of the respondents in demolishing the shops/constructions raised by the petitioner on the land owned and possessed by her. A writ in the nature of mandamus directing the respondents not to dispossess her has also been prayed.

(2.) The relevant facts for deciding this petition may be, briefly, noticed :-Petitioner has stated in the petition that she is the widow of Shri Sudarshan Kumar and is the owner of the disputed piece of land, which was purchased by her husband situated at Bajwa Nagar District Ludhiana, vide registered sale deed dated 23-9-1993. After the purchase of this land, husband of the petitioner constructed four shops with basement. This land is situated within the limits of Municipal Corporation. An electric meter is also installed and the petitioner is paying house-tax regularly to the respondent-Corporation. She has further stated that the respondent-Municipal Corporation is planning to construct and develop a 30 feet wide 5 kilometers long metalled road on both sides of Budda Nallah passing on the outskirts of Ludiana town. The respondent-Corporation has not issued any notice to acquire the land under the Land Acquisition Act, 1894 (for short, 'the Act') or any other law.

(3.) On 5-6-1999, respondent No. 5 along with other officials of the Municipal Corporation came to the site to demolish the property of the petitioner. The petitioner showed them the registered sale deed in her favour, also the registered sale deed in her husband's favour and the affidavits whereby her sons and daughter had made her the sole owner. Further she showed to these officials the house tax receipts which she was paying regularly and she specifically asked respondents 4 and 5 whether any notice under Section 4 or 6 of the Act or under Section 269 of the Municipal Corpporation Act, 1976 (hereinafter referred to as 'the 1976 Act') has been issued by the State Government, but the officials of the Municipal Corporation did not pay any heed towards her request. On 6-6-1999 at 10.00 a.m., they demolished the construction over this piece of land, which was owned by her. She further alleges that she has suffered a loss of Rs. 7 lacs.