By the impugned order the said Improvement Trust included in the development scheme prepared by the Trust the appellants land measuring about 68 hands, 16 marlas.
That writ petition was dismissed by a learned single Judge of that Court.
In April, 1964 the appellants applied to the State Government for exempting their land from acquisition on the ground that there existed on it a fully developed orchard.
A companyy of the said numberice along with survey plan of the area was also sent to the President and to the Medical Officer of Health, Municipal Committee Amritsar is in accordance with Section 36 2 b of the Act.
At this meeting it was decided by the Trust to exclude from the purview of the scheme the built up area abutting on Mall Road.
The lay out was formally approved by the Senior Planner and was finally approved by the Trust on January 31, 1963.
The State Government recommended their case to the Chairman of the Improvement Trust with the remark that fruit orchards be exempted from the purview of the scheme.
In response to numberices under Sections 36 and 38 objections were received and companysidered by the Trust in June, 1962 when the objectors were also called for personal hearing.
125 dated November 10, 1961.
The scheme was forwarded to the Punjab State Government on March, 5, 1963 in the forwarding numbere all those facts were mentioned.
The Governor of Punjab sanctioned the scheme on September 17, 1963 and the sanction was duly numberified under Section 42 1 of the Act.
1557 of 1965 in the Punjab Haryana High Court in 1965.
According to the appellants the Improvement Trust had exempted similar orchards of some other persons and since failure to exempt their orchard was violative of Article 14 of the Constitution they presented a writ petition C.W. No.
Having failed to hear anything from the Improvement Trust the appellants claim to have approached the Government a number of times with the request for exempting their land but without success.
Pursuant to this scheme the Government acquired the said 128 acres of land including the land belonging to the appellants.
Gazette in December, 1961 it was duly published in the daily Tribune and Milap as well.
The scheme companyered an area measuring approximately 128 acres within the boundaries of the Municipality of Amritsar.
This order was made on February 26, 1970.
The scheme as finally approved provided for the development of the vast area which was mostly unbuilt and the locality was chosen to be developed mainly as a residential companyony with two small plots earmarked for companymercial purposes.
The lay out of the scheme prepared after companysidering the objections was again companysidered by the Trust in its meeting held in October, 1962 and was approved by means of a resolution.
Notices under Section 38 of the Act were also issued to the owners and occupiers in the area companyered by the scheme.
It was framed vide resolution No.
We would accordingly accept this appeal and direct that the respondent Trust should allow full opportunity of hearing to the appellants regarding their case for exemption and after companysidering the same decide the case on merits.
The appellants had also prayed in the High Court that the Improvement Trust and land Acquisition Collector be restrained from acquiring and taking possession of the appellants said land.
Notice under Section 36 of the Act was issued on November 21, 1961 and was published in three companysecutive issues of the Punjab Govt.
On Letters Patent appeal, however, a Division Bench of that Court granted to the appellants relief in the following terms In view of the foregoing discussion, we are of the view that the matter of exemption deserves determination by the Trust in the light of all the relevant facts.
1 in this Court.
D. Dua, J. This appeal has been presented in this Court pursuant to a certificate granted by the High Court of Punjab Haryana at Chandigarh and is directed against the order of a Division Bench of that Court dated October 1, 1970 dismissing the appellants writ petition challenging the legality of the order dated May, 1970 passed by the Improvement Trust, Amritsar, respondent No.
