IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M.No.1292 of 2011 in C.W.P.No.12477 of 2001 (O&M) Date of Decision:- 13.05.2011 Joginder Singh and another ....Petitioner(s) vs. State of Punjab and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.S.S.Salar, Advocate, for the petitioners. Mr.Sandeep Khunger, Advocate, for respondent No.2. *** AUGUSTINE GEORGE MASIH, J. (Oral) With the consent of the parties, main case is taken up for final disposal. Prayer in the present writ petition filed by the petitioners was for consideration of his claim for allotment of plot as the land of the petitioners was acquired vide award dated 19.4.1974 under the Scheme known as 475 acres Bhai Randhir Singh Development Scheme, Randhir Singh Nagar, Ludhiana and thereafter 5 kanals 12 marlas of land was acquired vide award dated 4.8.1981 in the same Scheme i.e. Bhai Randhir Singh 550 Acres Development Scheme. It is the contention of the petitioners that the claim of the petitioners is, on all fours, covered by the Division Bench Judgment of this Court in C.W.P.No.940 of 2006 titled as Ranjeet Kaur vs. State of Punjab and another, decided on 23.7.2008 (Annexure P-41). C.W.P.No.12477 of 2001 (O&M) -2- Counsel for the respondents submits that the claim of the petitioners is time barred as the petitioners had put-forth their claim after a delay of more than 20 years by filing the present writ petition. It has further been stated that the earnest money which the petitioners were required to deposit with the Improvement Trust, has been deposited after a delay of 16 years on 26.10.1990. Further, it is submitted that the claim of the petitioners has to be considered and decided under the Punjab Town Improvement (Utilization of Land and Allotment of Plots) Rules, 1983. Counsel for the petitioners states that the issue as to which Rules would apply to determine the claim of the owner of the land which has been acquired under the Scheme has been duly dealt with by the Division Bench of this Court in Ranjeet Kaur's case (supra) and it has been held that the Allotment Rules as prevailing on the date of passing of the award would apply. The delay aspect has been dealt with by this Court in CWP No.6801 of 2000 Surjit Kaur and others vs. State of Punjab and another, decided on 2.11.2000 (Annexure P-13) and CWP No.17248 of 1999 titled as Gurdev Kaur and others vs. State of Punjab and another, decided on 25.4.2001 (Annexure P-14) and with regard to the applicability of the Rules, the same has also been decided in CWP No.940 of 2006. He, on this basis, contends that the writ petition deserves to be allowed. On going through the records of the case and the judgments cited at the Bar, I am of the considered view that the claim of the petitioners is fully covered by the judgments referred to above and, therefore, deserves to be allowed. Accordingly, following the same, the present writ petition is disposed of with directions to respondent No.2-Improvement Trust, C.W.P.No.12477 of 2001 (O&M) -3- Ludhiana, to consider the claim of the petitioners for allotment of plot as regards the acquisition which was made through award dated 9.4.1974 by applying the Ludhiana Improvement Trust Land Disposal Rules, 1964 and with regard to the land acquired vide award dated 4.8.1981 by applying the Utilization of Land and Allotment of Plots, Rules 1975. It is made clear that the petitioners would be entitled to one plot only as per Rules for the total land acquired under both the two awards. The exercise for consideration and allotment of the plot as per the above directions be completed within a period of four months from the date of receipt of certified copy of this order. The petitioners would be allotted the plot on the present reserved allotment price of the plot under the Rules. May 13, 2011 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE