LUDHIANA IMPROVEMENT TRUST Vs. KULWANT KAUR

JUDGEMENT

(1.) This appeal by the appellant is directed against the order dated 3.7.2000 of the Punjab State Consumer Disputes Redressal Commission (State Commission) by which State Commission ordered the appellant to allot a plot of land to the respondent-complainant at the old price which was prevalent in the year 1985. A composite compensation of Rs. 10,000/- and costs quantified at Rs. 2,000/- was also awarded to the respondent.

(2.) Land of the respondent measuring about 1100 square yards was acquired by the Ludhiana Improvement Trust, appellant. The purpose for acquisition was execution of housing-cum-development scheme known as Sheed-e-Azam Bhagat Nagar. Respondent deposited a sum of Rs. 1,000/- on 22.6.1982 as earnest money in respect of advertisement by the Ludhiana Improvement Trust which amount was accepted under the Utilization of Land and Allotment of Plots by Improvement Trust Rules, 1975 framed by the Government of Punjab. Under these Rules of 1975 respondent became entitled to a plot of land measuring 500 sq. yards. Many persons who had deposited the earnest money at the time when the respondent deposited, had been allotted the plots. Claim of the respondent was ignored. All the persons who were allotted plots were so allotted under 1975 Rules. Alleging dis-crimination respondent approached the Deputy Commissioner, Ludhiana. Respondent sought a direction for allotment of plot to her in terms of Civil Writ Petition No. 2214 of 1985 decided on 8.2.1994 by the Punjab and Haryana High Court. Since nothing was done respondent approached the State Commission seeking allotment of plot of land at the rate on which it was allotted to other persons similarly placed. She also claimed various amounts for damages. On notice being issued appellant's stand was that Rules of 1975 had since been repealed and Rules of 1983 had come into force. It is submitted that only one plot of land could be allotable in respect of joint khata holder and that in the case at hand a plot of land of 500 sq. yards has already been allotted to Jagmail Singh under the very scheme, and therefore, no more plot could be allotted to any co-sharer in the joint khata. It was submitted that no such allotment joint khata was treated as a single unit and the persons in whose name it was allotted was in the representative capacity. Respondent, however, said that Rules of 1983 did not apply to those persons whose land was acquired before these Rules came into force and that she was governed by the old Rules of 1975.

(3.) State Commission referred to a decision of the Punjab and Haryana High Court in Jagdish Rai v. State of Punjab, when the High Court held that all the schemes for which land has been acquired earlier than the enforcement of the 1983 Rules would be governed by 1975 Rules. That being so, respondent would certainly become entitle to allotment of plot of land. Appellant also raised a plea of limitation and further that State Commission has no jurisdiction and the matter was within the jurisdiction of District Forum. Both these objections were overruled by the State Commission and in our opinion rightly so. Respondent has been deprived of her right all this period when law is very clear that her case was governed by 1975 Rules. There was no justification for the appellant to deny her the plot. View taken by the State Commission is correct. This appeal is devoid of merit and is dismissed. Appeal dismissed.