IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.3039 of 2006 Date of decision: 14.1.2009 Baldev Singh. -----Petitioner Vs. State of Punjab and others. -----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE JITENDRA CHAUHAN Present:- Mr. Akshay Bhan, Advocate for the petitioner. Mr. Amit Chaudhary, AAG, Punjab for respondent No.1. Mr. Rajiv Atma Ram, Sr. Advocate with Mr. Daman Dhir, Advocate for respondents No.2 and 3. ----- ORDER: 1. This petition seeks quashing of order dated 23.6.2005, Annexure P-1, rejecting the representation of the petitioner dated 16.1.2004. The impugned order has been passed in pursuance of order dated 10.5.2005 in C.W.P. No.7005 of 2005, directing the Ludhiana Improvement Trust to take a decision on the representation of the petitioner. C.W.P. No.3039 of 2006 2. Undisputed facts are that the Improvement Trust, Ludhiana framed a scheme known as Shaheed Bhagat Singh Nagar Development-cum-Housing Scheme. The scheme was finalised vide notification dated 28.6.1979. The petitioners challenged the said scheme vide CWP No.5772 of 1981 which was dismissed on 9.2.1984. Against the said order, review petition was dismissed on 31.7.1984, but in Special Leave Petition, the matter was remanded to this Court. The writ petition was again dismissed in the year 1989, against which, the petitioner again filed SLP (Civil) No.6734 of 1994 which was dismissed on 1.3.1995 being Teja Singh and others v. State of Punjab and another AIR 1995 SC 1547. The petitioner again filed CWP No.6306 of 1995 and CWP No.14184 of 1995, which were dismissed by this Court on 25.3.1996 and 22.5.1996 respectively. 3. Guru Ravidas Cooperative House Building Society, also aggrieved by the same scheme, had filed CWP No.5776 of 1981, which was dismissed by this Court on 20.11.2002, granting liberty to represent to the Government for exemption of existing constructions, if any. In compliance of order dated 20.11.2002, an order was passed on 22.10.2003 releasing the land of Guru Ravidas Cooperative House Building Society. CWP No.7005 of 2005 was filed by the petitioner on the ground that land of Guru Ravidas Cooperative House Building Society having been released vide order dated 22.10.2003, the case of the petitioner should be treated at par. Accordingly, impugned order dated 23.6.2005 has 2 C.W.P. No.3039 of 2006 been passed. In the impugned order, it has been found that almost 75% of the land of the petitioner already stood allotted to different persons in the shape of plots and the remaining land has come in the area of City Centre Scheme of the Trust and thus, no land was available to be released in favour of the petitioner. 4. In the reply filed by the Improvement Trust, the petition has been opposed, inter-alia, on the ground that the petitioner did not disclose that earlier two writ petitions being CWP No.6306 of 1995 and CWP No.14184 of 1995 have been dismissed on 25.3.1996 and 22.5.1996 respectively, which operated as resjudicata. The petitioner relied upon pendency of CWP No.9238 of 2005, which also stood dismissed as withdrawn on 17.3.2006. As regards case of the petitioner that land of the petitioner was available to be released, stand of the Trust is that 75% land had already been allotted and 25% had come within the area of City Centre Scheme, as mentioned in the impugned order and no land was available to be released to the petitioner. 5. The petitioner also filed C.M. No.2950 of 2008 stating that 145 acres of land has been released. An affidavit dated 27.11.2007 was filed on behalf of the State of Punjab to the effect that the release was of land on which construction had been raised. The relevant contents of the affidavit are as under:- “2) That, it is submitted that there was a chunk of 69 acres of land in this scheme wherein a lot of construction had been made and Trust had neither deposited the compensation for this chunk of land with 3 C.W.P. No.3039 of 2006 the Land Acquisition Officer not took possession of this land. 3) That, in the scheme there was a Ravidas Cooperative House Building Society. When Trust initiated the process for taking possession of the land, the society filed a case against trust and got stay order. So far this reason the land of the society was not acquired. 4) That, Smt. Shaminder Kaur etc. requested the Improvement Trust, Ludhiana on 23.12.1994 that their land measuring 41 K, 10 M falling in the Shaheed Bhagat Singh Nagar Scheme, which has Pucca House, shops, servant quarters and cattle shed etc. and hence may be exempted and Trust vide its resolution no.516 dated 21.2.1995 (Annexure R-1/1) decided that land of Smt. Shaminder Kaur measuring 12 K 10 M may be exempted with the consent of Government. Thereafter, the Government vide its notification no.3/1/96- 2LG2/10007, dated 4.10.96 exempted the land measuring 12 K 10 Marlas owned by Smt. Shaminder Kaur etc. 5) That Kabir Cooperative House Building Society requested the Improvement Trust, Ludhiana for exemption of their land falling in 475 acre scheme and after examining the case the Government on conditions granted the exemption of the land vide (Annexure R- 1/2).” 6. We have heard learned counsel for the parties and perused the record. 7. It is clear from the above that earlier writ petitions of the petitioner raising same issues have been dismissed. In this petition, 4 C.W.P. No.3039 of 2006 the petitioner has suppressed the filing of earlier writ petitions particularly CWP Nos.6306 of 1995 and 14184 of 1995. On this ground alone, the petitioner is not entitled to be heard on merits, though on merits also, there is no material to show that the petitioner is entitled to any relief or that any land has been wrongfully released. 8. Accordingly, this petition is dismissed with costs quantified at Rs.50,000/-, to be paid to Punjab and Haryana High Court Bar Association Welfare Fund. ( ADARSH KUMAR GOEL ) JUDGE January 14, 2009 ( JITENDRA CHAUHAN ) ashwani JUDGE 5