High Court Punjab-Haryana High Court

Naranjan Singh vs The Amritsar Improvement Trust on 6 March, 2009

Punjab-Haryana High Court
Naranjan Singh vs The Amritsar Improvement Trust on 6 March, 2009
     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                  CHANDIGARH


                                 CWP NO. 5026 OF 2007
                                 DECIDED ON : 06.03.2009

Naranjan Singh
                                          ...Petitioner
          versus

The Amritsar Improvement Trust
and another
                                          ...Respondents


                    A    N   D


                                 CWP NO. 12925 OF 2008

Basant Singh and others
                                          ...Petitioners
          versus

State of Punjab and another
                                          ...Respondents



CORAM : HON'BLE MR. JUSTICE SURYA KANT



1.   Whether Reporters of local papers may be allowed to see
     the judgment ?

2.   To be referred to the Reporters or not ?

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


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

          Ms. Meenakshi Dogra, Advocate,
          for respondent No.1.

          Mr. G. S. Attariwala, Additional AG, Punjab,
          for respondent No.2.

SURYA KANT, J. (ORAL)

This order shall dispose of CWP Nos. 12925 of 2008
and No.5026 of 2007, as common question of law and facts are

involved in these cases. For brevity, the facts are being taken

from CWP NO. 5026 of 2007.

The petitioner seeks a direction for allotment of plot

measuring 500 sq. yards under the category of ‘displaced

persons’ in the Ajnala Road Extension Scheme floated by the

Improvement Trust, Amritsar.

Notice of motion was issued and in response thereto,

reply-affidavit has been filed by the respondents.

Learned counsel for the petitioner urges that his claim

is securely answered in his favour by a Division Bench judgment

of this Court dated May 08, 2006 passed in LPA No. 751 of

1992 (Sushma Palta and others vs. State of Punjab and

others).

Learned counsel for the respondent-Trust, on the other

hand, points out that they have already challenged the judgment

of this Court before the Hon’ble Supreme Court and ad-interim

stay has been granted in their favour.

Having heard learned counsel for the parties, these

writ petitions are disposed of with a direction to the respondent-

Trust to consider the claim of the petitioners in the light of

Division Bench judgment of this Court dated May 08, 2006 in

Sushma Palta’s case (supra). However, if the respondents

arrive at the conclusion that the petitioners’ claim is covered by

the said judgment, they need not to implement such a decision

till the matter is decided by the Hon’ble Supreme Court.

It is further directed that the consequential relief, if
any flowing from the final judgment, shall be granted to the

petitioners within a period of three months from the date of

delivery of the judgment by the Hon’ble Supreme Court.

Disposed of.

MARCH 06, 2009                           (SURYA KANT)
shalini                                      JUDGE