In the High Court of Punjab and Haryana at Chandigarh C.W.P. No. 1787 of 2008 Date of decision:February 6, 2008 Gurpreet Singh & another ---Petitioners Vs. Municipal Council, Bathinda ---Respondent Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE T.P.S.MANN Present: Mr.Amit Aggarwal, Advocate, for the petitioners. *** M.M.KUMAR. J. In this petition filed under Article 226 of the constitution prayer made is for issuance of a direction to the respondent-Municipal Council, Bathinda, to release the compensation to the petitioners on account of acquisition of their land under the Town Planning Scheme No. 3 Part No. 2 for the construction of 60 feet road which approaches 100 feet wide road at Bathinda. It is admitted fact that notification for town planning was issued on 9.9.1983 for the aforesaid purpose. The petitioner has requested the Municipal Council, Bathinda for payment of compensation vide legal notice dated 6.9.2007(Annexure P-3). They have complained that the compensation for the land acquired is not being paid to them. After hearing learned counsel, we are of the considered view that no compensation in respect of town planning scheme framed in 1983 and executed would be available under Section 192 (1)(c) Punjab Municipal Act, 1911 (for brevity 'the Act'). It is true that Section 192(1)(c) C.W.P. No. 1787 of 2008 -2- of the Act was declared ultra vires of Constitution in Yogendra Pal v. Municipality Bhatinda (1995) 1 PLR 338. However, the judgment rendered by Hon'ble the Supreme Court has been made prospective with specific directions that where the schemes claims have been implemented those schemes were not be re-opened. Even otherwise there is unexplained delay of 24 years. A suit could be filed within three years which is the period of limitation in filing of writ petitions also as held by the Constitution Bench of Hon'ble the Supreme Court in the case of Bhai Lal Bhai v. State of Madhya Pradesh AIR 1964 SC 1006. Accordingly, no direction in favour of the petitioners could be issued as there is no legal right to release of compensation of the land. Dismissed. (M.M.KUMAR) JUDGE (T.P.S.MANN) JUDGE February 6, 2008 paramjit