Kewal Krishan vs State Of Punjab And Others on 18 August, 2009

            IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                               CHANDIGARH


                                     Civil Writ Petition No.12489 of 2009
                                            Date of Decision: 18.08.2009



Kewal Krishan
                                                                   Petitioner
                                  Versus

State of Punjab and others

                                                                Respondents



CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH

Present:    Mr.Pardeep Rajput, Advocate for the petitioner

                         .....

Jasbir Singh, J.(Oral)

This writ petition has been filed with a prayer that directions be

issued to the respondents to allot a plot to the petitioner, against oustees

quota.

It is an admitted fact that to acquire land, owned by the

petitioner, a notice under Section 36 of the Punjab Town Improvement Act

1922 (in short, the Act) was issued on 18.6.1961. Thereafter, notice under

Section 42 of the Act was issued and Award was pronounced on 15.9.1971.

The possession was taken over by the Improvement Trust on 27.6.1972. As

per admitted position, the petitioner purchased land out of the land so

acquired, from one Ram Singh on 16.4.1973. It appears that thereafter, in a

very mala fide manner, he moved an application to get a plot allotted as a

local displaced person. On his application, some order/ proceeding was
Civil Writ Petition No.12489 of 2009 2

passed by one Satinder Bawa on 28.4.2008, stating therein that the

petitioner is eligible to get a plot.

This Court feels that the order passed is totally without

jurisdiction and smacks of mala fide. Action is required to be taken against

above named Satinder Bawa, who has issued a letter on 28.4.2008, on the

basis of which, the petitioner is asserting his right, to get a plot, as a local

displaced person. Regarding land, in dispute, notice was issued in the year

1961, award was passed in the year 1971, possession was taken in the year

1972. When the land was purchased by the petitioner, Ram Singh was not

even owner of the land, in dispute. It is surprising that in the face of facts

mentioned above, how the petitioner was held entitled to get a plot allotted

as a local displaced person. By passing the order/ proceeding dated

28.4.2008, unnecessary litigation has been created by an officer of the

Improvement Trust, for which, there is no justification.

In view of facts mentioned above, this writ petition is

dismissed.

Directions are issued to the Secretary, Local Government

Department, Punjab, to take action against the officer(s), who has passed the

proceeding dated 28.4.2008 attached as Annexure P4 with this writ petition.

Mr.A.K.Sharma, Additional Advocate General, Punjab is

directed to communicate the order passed by this Court to the officer

concerned. It is directed that strict action be taken against the guilty officer

(s), for passing an illegal order/proceeding.

Copy of the report, after taking action, be sent to this Court for

records.

18.08.2009                                       (Jasbir Singh)
gk                                                   Judge