claims to be owner in possession of land bearing Khasra No. 581 measuring 9K6Ms in the same village. The Charkhi Dadri Improvement Trust, respondent No.2 prepared a development Scheme for construction of a ‘Harijan Colony’ in exercise of its powers under Section 24 read with Section 23(2) of the Punjab Town Improvement Act, 1922 (for brevity 'the Act'). Total land measuring 46.51 acres falling within the limits of MC Charkhi Dadri was acquired including the land of the petitioners. It is not disputed that the scheme was published on 6.2.1976 under Section 42 of the Act. The award was pronounced on 3.11.1976 and the petitioners thereafter accepted compensation. Possession of the land was taken on 19.1.1977. It appears that the scheme of constructing the Harijan Colony was not implemented within a period of five years, the period prescribed under Section 44-A of the Act. Instead the Trust carved out plots for 302 houses, 41 booths and 17 SCFs for disposal by public auction to the general public. It is averred that these plots were carved out in 1981 and certain auctions were also held, but not confirmed. By the impugned notification (Act No. 12 of 1985) the period for execution of the scheme was extended by the period of three years from the date of notification dated 28.10.1986. That period was till 28.10.1989. 2. The scheme in question was challenged by some landowners questioning change of land use to residential and commercial sector. The Civil Writ Petition No. 467 of 1982 titled Nawal Singh v. Administration, Municipal Committee, Charkhi Dadri was finally decided by a Full Bench of this Court on 11.10.1983 and the scheme was quashed [1984 PLR 57: ILR 1984(1) (P&H) 249]. It is averred that some of the petitioners in the present case had filed CWP No. 5822 of 1981 titled Smt. Naraini Devi and another v. State of Haryana , which was allowed on the same day in the same terms. Aggrieved by the decision rendered by the Full Bench the Municipal Committee, Charkhi Dadri took the matter to Hon’ble the Supreme Court in Civil Appeals No. 391 to 395 of 1985 questioning the decision of the Full Bench that the period of five years laid down for completion of scheme was inflexible unless duly extended by the State Government under the proviso to Section 44-A of the Act. It is stated that Haryana Government then exercised its jurisdiction by the impugned amendment
