Disposed

Gurwinder Singh v. State of Punjab and Anr.

Punjab & Haryana HC11 Apr 2013CWP/7792/2013

Case brief

AI extract

What is this about?

The High Court directed the Amritsar Improvement Trust owner to verify facts regarding a displaced person's land acquisition claim and allot an alternative plot in a new scheme within three months if claims are validated.

What did the court decide?

Direction to verify facts and allot an alternative plot in the Ajnala Road Development Expansion Scheme within three months.

Gurwinder Singh Vs State of Punjab and Anr. — Land Acquisition | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.7792 of 2013 Date of Decision : April 11, 2013

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Gurwinder Singh .....Petitioner versus State of Punjab and another .....Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE R.P.NAGRATH.

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Present : Mr.G.S.Bajwa, Advocate, for the petitioner.

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-.-

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Whether Reporters of Local papers may be allowed to see the judgment?

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2.To be referred to the Reporters or not?

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3.Whether the judgment should be reported in the Digest?

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Surya Kant, J. (Oral)

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The petitioner is a local displaced person whose land measuring 17 marlas comprised in Khasra No.410 was acquired by the Improvement Trust, Amritsar, for implementation of the scheme known as the Truck Stand Area Development Scheme. In view of the provisions contained in the Amritsar Improvement Trust Land Disposal Rules, 1951, the petitioner is entitled to allotment of plot in lieu of the acquired land.

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The petitioner has averred that it was way back on 27.7.1979 that applications from the local displaced persons for allotment of plots were invited and he too had applied and deposited the requisite amount vide receipt No.6899 dated 27.7.1979 but the allotments remained pending for one or the other reasons. It was in the year 1993 that plot No.190 measuring 100 square yards was allotted to him in the area known as Opposite Guru Nanak Dev University under the Area Development Scheme but due to pendency of civil litigation pertaining to the above-stated land, the allottees like him were decided to be adjusted by the Improvement Trust, Amritsar in another Scheme and for that purpose 31 plots in Ajnala

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CWP No.7792 of 2013 [2]

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Road Development Expansion Scheme were earmarked on 25.10.2010. The petitioner, as averred by him, is not amongst the beneficiaries of the abovestated earmarked plots as no alternative plot is offered to him in the abovestated new Development Scheme, namely, Ajnala Road Development Expansion Scheme. The petitioner in this regard has approached the authorities at several occasions including representation dated 22.2.2013 (Annexure P-9).

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Having heard learned counsel for the petitioner and considering the nature of relief sought in this writ petition which requires determination of his claim by respondent No.2, we deem it appropriate to dispose of this writ petition with a direction to the Chairman/ Administrator of the Amritsar Improvement Trust, Amritsar to verify the above-stated facts and in case the same are found to be true and correct, take an appropriate decision for allotment of an alternative plot to the petitioner in the Ajnala Road Development Expansion Scheme, as early as possible but not later than three months from the date of receiving a certified copy of this order.

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Ordered accordingly.

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Dasti.

Gurwinder Singh v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Gurwinder Singh v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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