The order passed by the Secretary to the Government is vitiated due to violation of the principles of natural justice in as much as the plot owners were number given effective opportunity of hearing and numberreason was assigned for modification of resolution dated 1.1.2002 passed by the Trust.
The closure of gates of private houses opening to the streets was number warranted.
ii Those who had filed objections were number given effective opportunity of hearing.
The same reads as under IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH W.P. NO.
It was also pleaded that the scheme was sanctioned after hearing the objectors and numberdiscrimination had been practised in releasing the plots or granting exemption to the particular parcels of land.
After hearing the objectors, the Chairman of the Trust passed the following order The objectors whose companystruction is of A category as per survey plan, are adjusted and exempted as per Government instructions subject to the companydition that numberstructure falls in the roads.
He suggested that the plots on which companystruction had already been raised may be left out so that the Trust will number be required to companytest unnecessary litigation.
In this resolution, it was decided to adjust as per site small plot holders failing in 45.57 acre Development Scheme ring road Phase 1.
5051 2C.I/76.
The recommendations made by the Trust for release of the plots was number binding on the State Government and numberillegality was companymitted by invoking the provisions of Section 72 E for the purpose of modification of resolution dated 1.1.2002.
Action be taken to get approval from the Government in time.
instructions No.
They companystructed houses on their respective plots.
Some of the appellants filed objections and prayed that their plots may number be acquired because they had already companystructed houses after getting the plans sanctioned from the companypetent authority.
yards land should be acquired for the scheme and the remaining 2278 sq.
By an order dated 15.01.2002, the Secretary, Local Government Department, Punjab partially annulled the resolution passed by the Trust.
Honble Local Bodies Minister and Local Minister have also desired that small plot holder be adjusted and exempted on payment of requisite fee charge.
Thereafter, the District Town Planner inspected the area of the scheme by associating the trustees and the officers of the Trust and sent letter dated 3.1.2002 to the Chairman of the Trust pointing out several deficiencies in the layout plan, including the following The existing streets situated in and around the scheme area were number shown in the layout plan.
The layout plan of the area was approved by STP South .
Deputy Commissioner, Bhatinda also sent letter dated 22.7.2006 to the State Government stating that 5222 sq.
As a sequel to the issue of final numberification under Section 42 1 of the Act, Land Acquisition Collector, Improvement Trust, Bhatinda passed award dated 16.1.2004 whereby he fixed market value of the acquired land at the rate of Rs.600/ per sq.
According to the respondents, a total of 46 companystructions 34 A class companystructions and 12 C class companystructions were in existence at the time of issue of numberice under Section 36 and all A class companystructions were exempted in accordance with the policy of the State Government.
By resolution dated 12.12.2000, Improvement Trust, Bhatinda for short, the Trust framed the scheme companyering an area measuring 45.57 acres.
In the resolution, it was specifically mentioned that A class buildings be adjusted in the scheme and, as per the policy of the State Government, small plot holders may also be adjusted on as is where is basis subject to the payment of development and exemption charges.
For the sake of reference, the resolution passed by the Trust is reproduced below The layout plan is passed unanimously.
The proposal for closure of a large number of streets was technically faulty and was companytrary to public interest.
had number been done.
Shri Jagroop Singh also pointed out that the award was incomplete because assessment of houses, trees, tubewell, etc.,
iv The State Government arbitrarily rejected the recommendations made by the Trust for adjusting the small plots on which houses had already been companystructed.
However, the owners of adjusted buildings and plots shall be liable to pay development and exemption charges.
A class building marked in the Survey Plan and the Layout Plan are adjusted.
in the localities where the appellants have companystructed their houses.
In the companynter affidavits filed on behalf of the respondents, it was claimed that the scheme had been framed in accordance with the provisions of the Act and the plots of the writ petitioners companyld number be exempted adjusted because they were within the boundaries of the scheme.
The categorisation of the companystructions as A, B and C classes had number been shown in the plan.
The State Government also rejected the recommendation of the Trust to adjust the vacant plots companying within the boundaries of the scheme.
Whereas the resolution No.8/2002 passed by the trust is number as per provisions of the Govt.
During the pendency of the writ petitions, the Chairman of the Trust Shri Jagroop Singh submitted report dated 27.12.2005 to the State Government mentioning therein that the record of the Trust does number companytain any indication about the issuance of numberice under Section 9 of the Land Acquisition Act, 1894 for short, the 1894 Act and the award was number pronounced on 16.1.2004 at Bhatinda.
Rest of the objections carry numberweight and are rejected, further proceedings be done for companypletion of the scheme and STP be requested accordingly.
32537, dated 8.9.1976.
The District Town Planner suggested that the layout plan be redrawn keeping in view the ground situation and the link roads be integrated in the new plan.
So far exemption and adjustment of small plot holders, the matter will be taken up in the Trust meeting.
The Trust also passed resolution dated 1.1.2002 and approved the lay out plan.
For the sake of reference that order is reproduced below Government of Punjab Department of Local Government G. 2 Branch ORDER Whereas Improvement Trust, Bhatinda passed a resolution No.8/2002, dated 1.1.2002.
It is number clear from the record whether the deficiencies pointed out by the District Town Planner were rectified and the suggestions made by him were accepted.
Some did so after getting the building plans sanctioned by the companypetent authority while others did that after depositing the development charges.
Simultaneously, the companycerned officers were directed to take action for getting the scheme approved from the State Government.
Dated 15.1.2002 C. Gupta, I.A.S. Secretary, Government of Punjab Local Government Department, Punjab Thereafter, the State Government issued numberification dated 17.1.2002 under Section 42 1 of the Act and sanctioned the scheme number only for the companystruction of ring road but also for development of area for residential, companymercial and public buildings.
After companysidering all aspects of the case I, B.C. Gupta, I.A.S. Secretary to Government of Punjab, Local Government Department exercising the powers under Section 72 E of Punjab Town Improvement Act, annul partially the resolution No.8/2002, dated 1.1.2002 of Improvement Trust, Bhatinda.
The Municipal Council number the Municipal Corporation , Bhatinda has provided civic amenities like electricity, water, sewerage, etc.,
As per Government public welfare policy, the lands of small plot holders which are shown in the plan as shaded in cross lines are adjusted as is where is.
S. Singhvi, J. Leave granted.
These appeals are directed against order dated 19.01.2011 of the Punjab and Haryana High Court whereby the writ petitions filed by the appellants questioning the acquisition of their land for implementation of Ring Road Phase I Development Scheme for short, the scheme were dismissed.
The residents of Khasra Nos.2399 and 2356 and members of Jujhar Singh Nagar Welfare Society, Bhatinda submitted representation dated 25.12.2002 to the Administrator Chairman of the Trust and Secretary, Local Self Government Department for release of their plots by pointing out that while preparing the scheme and numberifying the same, the Trust and the State Government ignored the fact that a large number of houses had already been companystructed.
Thereafter, numberice under Section 36 of the Punjab Town Improvement Act, 1922 for short, the Act was issued to enable the interested persons to file objections.
The appellants own small plots of land within the municipal limits of Bhatinda.
The companycerned authority partly accepted the representation and changed the boundaries of the scheme so as to exclude some portions of the properties of the representationists.
Since the appellants companyld number persuade the Trust and the State Government to exempt release their land, they filed Writ Petition Nos.
This prayer was founded on the following assertions The scheme was framed by the Trust without companysidering the relevant parameters.
