LUDHIANA IMPROVEMENT TRUST Vs. DALJIT SINGH & ANR

JUDGEMENT

(1.) The complainant was the co-owner of the agricultural land comprised in Khasra No.417, 435, 478, 418 and 471 of village Taraf Burara, Tehsil & District Ludhiana. The aforesaid land was acquired by Government of Punjab and placed at the disposal of Improvement Trust Ludhiana for the purpose of development and disposal. The land had been acquired under a scheme called '400 Acres Development Scheme'. The Ludhiana Improvement Trust Land Disposal Rules 1964 were in force at the time of the aforesaid land was acquired. Rule 5 (ii) of the aforesaid rules read as under:-

(2.) The complainant applied for allotment of a plot as Local Displaced Person (LDP) depositing earnest money of Rs.500/-. His case is that though he was found entitled of the allotment of plot as LDP, no allotment was made to him. He, therefore, approached the concerned District Forum by way of a complaint with the following prayers:-

(3.) The complaint was resisted by the petitioner intere-alia on the ground that it was barred by limitation and the complainant was not a Local Displaced Person since the land acquired from him was only 623 sq. yards whereas as per the rules framed by Ludhiana Improvement Trust in the year, 1964 the minimum acquired land should be 1/2 acre. The case of the petitioner before the District Forum was that the deposit of Rs.5,00/- by the complainant was without any permission from them and therefore did not create any right in his favour.