IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 9734 of 2007 DATE OF DECISION: December 24, 2008 Smt. Surjit Kaur and another …Petitioners Versus State of Punjab and others …Respondents CORAM: HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE JORA SINGH Present: Mr. R.C. Setia, Senior Advocate, with Mr. R.S. Bajaj, Advocate, for the petitioners. Mr. B.S. Dhillon, AAG, Punjab, for respondent No. 1. Mr. B.S. Kanwar, Advocate, for Mr. G.S. Attariwala, Advocate, for respondent Nos. 2 & 3 (in CWP No. 9734 of 2007); Mr. A.P.S. Mann, Advocate, for respondent No. 2 (in CWP No. 13828 of 2007) Mr. Arun Jain, Senior Advocate, with Mr. Ajay Kaushik, Advocate, for respondent No. 4. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. C.W.P. No. 9734 of 2007 This order shall dispose of C.W.P. Nos. 9734 of 2007 and 13829 of 2007 because common questions of law and facts are involved. However, the facts are referred from C.W.P. No. 9734 of 2007. 2. The petitioners in the instant petition have approached this Court with a prayer for issuance of direction to the Improvement Trust, Jullundhur (for brevity, ‘the Trust’) to provide them 30ft. wide approach road in front of Plot No. 805, situated in 110.0 Acres Development Scheme, known as ‘Guru Teg Bahadur Nagar, Jalandhar’. A further direction has also been sought to the effect that respondents be restrained from demolishing the boundary wall constructed by them on the said plot and reducing its area from 50ft. x 90ft. to 47ft. x 90ft. 3. The petitioners have staked their claim on the basis of transfer deed dated 23.2.1988 (P-7). According to the transfer deed the total area transferred is 1 Kanal 1 Marla and 153 square feet, as shown in pink colour on the attached plan. The boundaries of the plot have also been mentioned in the transfer deed. On the North there is 120ft. wide road and on the South there is 30ft. wide road. On the East and West there were other plots, namely, Plot Nos. 749F and 749D respectively. According to the transfer deed the respondent Trust has transferred every right and title to Smt. Surjit Kaur daughter of Shri Narain Singh and Smt. Jatinder Kaur wife of Shri Harbinder Singh (petitioner Nos. 1 and 2 respectively). After the transfer deed the Trust has filed a Civil Suit No. 391 of 1989 on 22.9.1989, seeking a declaration to the effect that transfer deed and plot allotted to the petitioners be cancelled. The suit was dismissed on 3.12.1997 (P-1). 2 C.W.P. No. 9734 of 2007 The measurement of the plot again given in the civil court decree is 1 Kanal 1 Marla and 153 square feet. Thereafter the appeal filed by the Trust against the aforementioned order was also dismissed on 20.12.203 (P-9). The aforementioned judgment and decree has attained finality as no further appeal has been filed in the High Court. 4. The matter has been heard on various dates. At one stage it was pointed out that one Shri K.D. Vij, who was initially allotted a plot in another scheme, was given alternative plot in 110.0 Acres Development Scheme. He was entitled only to a 10 marla plot, however, he was given an area of 12 marlas, bearing Plot No. 801. It was on that account that on 17.11.2008, we have passed an order directing the Chairman of the Trust to file an additional affidavit. The order dated 17.11.2008 reads thus:- “ During the course of arguments it has transpired that one Shri K.D. Vij was allotted a plot in exchange, measuring 12 marlas in the scheme where the pertitioner has also been allotted a plot bearing No. 805. The plot allotted to Shri K.D. Vij is 12 marlas, bearing No. 801. However, on the recommendation made by the Chairman, Improvement Trust, on 14.7.1993, the Government allotted extra land measuring 3 Marlas-20 Sq. ft. adjacent to plot No. 801. As per the site plan Annexure R-2/2 beside the Plot No. 801, there is vacant area and on the other side Plot Nos. 802 to 809 and 810 are situated. It has not been clarified whether the additional area allotted to Shri K.D. Vij by the Government in pursuance to letter dated 30.8.1993 (P- 3 C.W.P. No. 9734 of 2007 11) has been adjusted from the vacant area of the Government or ratable cut has been imposed on the area from Plot No. 803 to 809. It has also come on record that the sale deed executed in favour of the petitioner on 23.2.1988 (P-7) specified the total area of the petitioner to be 1 Kanal 1 Marla and 153 Sq. ft. It is not clear from the site plan as to how the area has been reduced then the one for which transfer deed was executed. Learned counsel for the respondents requests for some time to file an additional affidavit of the Chairman of the Trust. Let the needful be done within one week with copy in advance to the learned counsel for the petitioner. List again on 2.12.2008. A photocopy of this order be placed on the file of connected case.” 5. Thereafter the additional affidavit of the Chairman of the Trust was filed alongwith C.M. No. 24099 of 2008. In order to resolve the dispute for the small area of land measuring 3ft. x 90 ft., which comes to about 30 square yards, which is found deficient on the spot than given by the transfer deed dated 23.2.1988 (P-7), we have asked the petitioners to appear before the Chairman, Improvement Trust, Jalandhar, to find some concrete solution for allotting them the area in accordance with the transfer deed, namely, 50ft. x 90ft., which at present on the spot has been found as 47ft. x 90ft. 4 C.W.P. No. 9734 of 2007 6. The petitioners appeared before the Chairman of the respondent Trust on 22.12.2008 at 10.00 a.m., however, no amicable solution could be found. 7. At the hearing, we have proposed to the learned counsel for the respondent Trust, either to allot the petitioners the deficient area from the vacant area lying on the side of Plot No. 801, which is available as per the site plan Annexure R-2/2A. He has expressed many difficulties in allotting that area and stated that the persons who are in possession of adjoining Plot Nos. 804, 803, 802 and 801 also have to be heard and re-adjustment of their area has to be made and only then the vacant area lying in the corner could be adjusted. We also proposed to the learned counsel for the Trust that if they are unable to give the petitioners vacant area then the petitioners have to be paid compensation for the delivery of possession of deficient land. However, he has not shown any inclination to accept the aforesaid suggestion. 8. Having heard the learned counsel for the parties we find that it has remained undisputed that the petitioners in both the petitions were allotted plots measuring 50’ x 90’ and they have been given possession of only 47’ x 90’. There has been even attempt by the Trust to get the allotment and transfer deed cancelled but the suit and appeal have been dismissed. In the decree passed by the Courts the measurement of the area given is 50’ x 90’. It is obligatory on the part of the ‘Trust’ to either deliver possession of the area in accordance with transfer deed or pay them the price of deficient land. 9. The argument that the petitioners have been allotted discretionary quota plot in 1988 has failed to impress us because the 5 C.W.P. No. 9734 of 2007 Trust has availed the remedy of filing suit which has failed. Even the appeal has been dismissed which has attained finality. That matter cannot be re-opened again. Therefore, we find no merit in the submission made on behalf of the Trust. 10. Therefore, we direct that the respondents shall either allot the deficient area after hearing the other plot owners by adjusting from the vacant area lying on the side of Plot No. 801. In case the respondents face any difficulty in that regard then the petitioners shall be paid compensation of the deficit area, which shall be determined at the Collector’s rates. We make it clear that the petitioners should not encroach upon area more than for which possession has been delivered to them i.e. 47’ x 90’. The needful shall be done within a period of two months from the date of receipt of a certified copy of this order. (M.M. KUMAR) JUDGE (JORA SINGH) December 24, 2008 JUDGE Pkapoor 6