IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.19330 of 2009(O&M) Date of decision: 01.08.2011 Avtar Singh and others …..Petitioners versus State of Punjab and another ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.S.S.Salar, Advocate for the petitioners Mr.Manohar Lall, Addl.A.G. Punjab Mr.Amit Sethi, Advocate for respondent No.2 Jasbir Singh, J. (Oral) Petitioners’ land was acquired way back in the year 1983. Record reveals that in the year 1987, a resolution was passed by the Improvement Trust, Ludhiana, proposing to drop the Scheme, (for which, the land was acquired), however, as per facts on record, the said resolution was annulled by the State Government on 25.7.1988. In the meantime, some of the land owners went to the Civil Court, others came to this Court and their dispossession was stayed. Before the Civil Court, by making reference to the resolution aforementioned, a statement was given by the officials of the Trust, on the basis of which, a consent decree, granting permanent injunction against the Trust not to dispossess the owners with force, was passed. Civil Writ Petition No.19330 of 2009 Award in this case was passed on 22.3.1983, thereafter, compensation qua land of the petitioners was deposited with the competent officer and possession was taken on 5.6.1986. In the year 2006, the petitioners submitted a representation to the Government, stating therein that the Scheme has been abandoned, other land owners have been granted permission to construct the building on their land, under the circumstances, the land owned by the petitioners can not be utilized for the Scheme and they be also granted permission to raise construction in the same manner in which others were allowed. On that representation (P8), report (P9) was sought. Thereafter, no final order has been passed. At that stage, the petitioners came to this Court by filing this writ petition and on 9.2.2011, following order was passed by this Court:- “Counsel for respondent No.2 is directed to place on record a site plan, showing distinctly the land, which was released in terms of the judgment passed by the Court below or if any, passed by this Court. Area, the possession of which was taken, be also shown separately besides showing land of the petitioners in the site plan, that land, regarding which litigation is pending, be separately shown. Mr.Sethi is also to file an affidavit, stating as to what action was taken against that official who made statement without waiting for approval from the State Government. In the affidavit, it be also stated that as to whether land owned by the petitioners, in view of circumstances mentioned above, can be used for any purpose or not. Counsel for the petitioners is also directed to put on record copy of the judgment and decree passed in favour of other land owners in the Civil Suit. On request, adjourned to 1.3.2011.” In response thereto, Mr.M.M.Vyas, Chairman, Ludhiana Improvement Trust, Ludhiana filed an affidavit dated 19.5.2011, in which, 2 Civil Writ Petition No.19330 of 2009 the circumstances under which, the Scheme could not be executed, were brought on record and it has further been stated that the Trust is interested in executing the Scheme as per law. At the time of arguments, Mr.Salar has brought to our notice that in the land under acquisition, many buildings stood constructed and possibly, the Scheme cannot be executed. At this stage, it is not possible to pass any order on merits in that regard. However, directions are issued to respondent No.1 to take note of representation filed by the petitioners (P8) and pass an appropriate order by making reference to the facts explained by M.M.Vyas, Chairman, Ludhiana Improvement Trust, Ludhiana in his affidavit dated 19.5.2011 and the petitioners in their representation. Petitioners and the Improvement Trust are directed to appear before respondent No.1 on 30.9.2011, who shall pass a detailed order after hearing both the parties. Disposed of. A copy of the order be given to the State counsel under signatures of Court Secretary to convey it to the officer concerned. (Jasbir Singh) Judge 01.08.2011 (Augustine George Masih) gk Judge 3