IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 20704 of 2011 DATE OF DECISION : 09.11.2011 Gulzar Singh Chana @ Gulzar Singh and another .... PETITIONERS Versus State of Punjab and another ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present: Mr. Jaideep Verma, Advocate, for the petitioners. * * * SATISH KUMAR MITTAL , J. ( Oral ) In the year 1976, the Improvement Trust, Ludhiana (respondent No.2) formulated 256 acres development scheme, known as Maharishi Valmiki Nagar Scheme. For the said scheme, notification under Section 36 of the Punjab Town Improvement Act, 1922 (hereinafter referred to as `the Act') was issued on 8.8.1976. After hearing the objections, the final notification under Section 42 of the Act was issued on 24.11.1978. Thereafter, the Award was passed by the Land Acquisition Collector on 12.6.1980. In the said acquisition, land measuring 400 square yards of Gulzar Singh Chana (petitioner No.1) and 90 square yards of the land of his wife Baldev Kaur (petitioner No.2) was acquired. As per the definition of `local displaced person' given in Rule 2 (a) of the Utilisation of Land and CWP No. 20704 of 2011 -2- Allotment of Plots by Improvement Trust Rules, 1975 (hereinafter referred to as `the 1975 Rules'), the petitioners are the local displaced persons. In Rule 7 (ii) of the 1975 Rules, it was provided that a local displaced person may be allotted a plot upto the size of 500 square yards on freehold basis, on reserve price calculated on the basis of the formula in the Annexure, if the area of the land owned by him and acquired by the Trust is more than 500 square yards. If the area of the acquired land is less than 500 square yards the local displaced person shall be entitled to allotment of plot which is nearest in size, next below the area of his land, which has come under acquisition. It is admitted position that the petitioners never filed any claim for allotment of plots according to their respective entitlement under the aforesaid Rule. In the meanwhile, after repealing the 1975 Rules, the Punjab Town Improvement (Utilisation of Land and Allotment of Plots) Rules, 1983 (hereinafter referred to as `the 1983 Rules') came into force. According to Rule 4 (2) of the 1983 Rules, a local displaced person shall be allotted a residential plot on reserve sale price in accordance with the following criteria; provided he applies for such allotment in Form `A' within a period of three years from the date of taking over the possession of his land acquired by the Trust :- (i) If the area of land acquired is not less than 100 Square Yards ½ acre and is not more than one acre or if the land acquired consists of a dwelling unit even though it is less than ½ acre; (ii) If the area of land acquired exceeds one 200 Square Yards CWP No. 20704 of 2011 -3- acre but does not exceed two acres; (iii) If the area of land acquired exceeds two 300 Square Yards acres but does not exceed three acres; (iv) If the area of land acquired exceeds three 400 Square Yards acres but does not exceed five acres; (v) If the area of land acquired exceeds five 500 Square Yards acres; A proviso to this clause was also added to the effect that the local displaced persons having a joint khata being co-sharers shall be allotted only one plot taking into account the whole or their joint land acquired. It is also admitted position that even under the aforesaid Rule 4 (2) of the 1983 Rules, the petitioners did not move any application for allotment of plots of suitable sizes according to their respective entitlement. For the first time, in the year 2010, i.e. on 26.6.2010, the petitioners filed separate applications for allotment of plots against the acquisition of their lands in the aforesaid acquisition. The Chairman of the respondent Trust, after considering the said applications, vide order dated 19.7.2011 (Annexure P-9) has declined the request of the petitioners, while observing that after a gap of more than 30 years from the date of taking possession of the acquired land of the petitioners, their prayer for allotment of plots cannot be considered. This order has been challenged in the instant petition. After hearing learned counsel for the petitioners, we do not find any arbitrariness or illegality in the impugned order. As indicated above, admittedly, the petitioners never filed an application either under the 1975 CWP No. 20704 of 2011 -4- Rules or under the 1983 Rules, though they were fully aware of the acquisition of their land. They had already taken compensation of the acquired land. In spite of that, they never tried to enforce their claim for allotment of plots. Though under the 1975 Rules, there is no limitation to apply for a suitable plot in accordance with Rule 4 (2), but in our opinion such application should have been filed within a reasonable time. But upto the coming into force of the 1983 Rules, no application was filed. Even under the 1983 Rules, no application was filed. However, after the lapse of more than 30 years from the date of taking over possession of the acquired land of the petitioners, the applications were filed for allotment of plots according to their entitlement. In these facts, we are of the opinion that the said applications have rightly been dismissed by the Chairman of the respondent Trust. No merits. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE November 09, 2011 ( PARAMJEET SINGH ) ndj JUDGE