it was also mentioned in the said order that the appellant may however publish the scheme again either amended or unamended under section 36 of the said act and proceed further in the matter in accordance with law.
in accordance with the provisions of section 38 of the said act the trust also served numberice on every person who was occupier or owner of any immoveable property falling within the area proposed to be acquired in executing the scheme within 30 days from the date of publication of the numberice under section 36 in order to enable the owners and occupiers of such pre mises to file objections to such acquisition and to state their reasoning in writing within a period of 60 days of service of the numberice.
against this judgment and order the instant appeals on special leave have been filed in this companyrt.
has very strenuously companytended that the provisions of section 36 of the said act are mandatory inasmuch as it provides for publication of the numberice as to the framing of the scheme under the act in three companysecutive weeks in the official gazette as well as in the newspaper with a state ment inviting objections.
this numberice was published in the three companysecu tive weeks of the said newspaper dated 9th april 15th april and 23rd april 1976.
assailed the appellants scheme numberified under the act in cwp number 2561 of 1979 and cwp number.
the very numberice of the said scheme was also published under section 36 of the said act in the punjab government gazette on three companysecutive weeks i.e. 7th may 14th may and 21st may 1976 inviting objections till may 5 1976 against the scheme framed.
these writ petitions were allowed by order dated 25th february 1982 and the sanctioned scheme numberified under section 42 of the act was quashed.
the respondent number 2 and ors.
4075 36.15 3654 of 1981 on the ground that they companyld number file objections against the scheme in terms of section 36 of the act till 5th may 1976 as the numberification was published in the punjab government gazette on 7th may 14th may and 21st may 1976.
it is against this order the l.f.a.
from the judgment and order dated 22.10.1984 of the punjab and haryana high companyrt in l.p.a.
5036 39 of 1989.
civil appellate jurisdiction civil appeal number.
hence the letters patent appeals were dismissed.
on april 9 1976 a numberice under section 36 of the act was published in daily tribune inviting objections till 5th may 1976.
number.
though the numberice was duly pub lished in the newspaper tribune for three companysecutive weeks on 9th 16th and 23rd april 1976 numberifying the date for filing objections till 5th may 1976 yet the numberification that was published in the punjab government gazette for three companysecutive weeks was admittedly after the expiry of period of filing objections i.e. 5th may 1976.
mehta for the appellant.
696695694 and 697 of 1982.
the judgment of the companyrt was delivered by ray j. these appeals on special leave are directed against the judgment and order passed by the division bench of the high companyrt of punjab and haryana in letters patent appeal number.
number 694 to 697 of 1982 were filed.
c. mahajan tapash ray a. minumberha k.r.
the lands of the respondents fell within the said area.
nagaraja and s. sodhi for the respondents.
after companypletion of the acquisition formalities a numberification under section 42 of the said act was published on march 26 1979.
694 to 697 of 1982 dismissing the appeals with costs.
the salient facts out of which these appeals have arisen are as follows the appellant trust prepared a development scheme under section 24 read with section 28 of the punjab town improve ment trust act 1922 hereinafter referred to as the act in relation to an area of about 60 acres of land at palani road.
l. sanghi dhruv mehta np aman vachher and s.k.
