Judgment

AYYANGAR, J. : The point arising for decision in this appeal by special leave is a very short one and refutes to the proper construction of the definition of damaged area in S. 2(d) of the Punjab Development and Damaged Areas Act, 1951 which will hereafter be referred to as the Act.

2. A few facts are necessary to be stated in order to appreciate how this point arises. The appellant claims to be the trustee of a public Trust created for the management of certain properties situated in Amritsar. Of the properties belonging to the trust is one which is said to be a dharamshala. By a resolution of the Amritsar Improvement Trust dated March 21 1957 the Improvement Trust decided to acquire a portion of this property for the purpose of widening a road under a development scheme framed under S. 3 of the Act. This section enacts:

"3. The trust may frame a scheme or schemes for the development of a damaged area, providing for all or any of the matters mentioned in Section 28 of the Punjab Town Improvement Act, 1922; and any scheme already framed or sanctioned in respect of a damaged area under the provisions of that Act shall be deemed to have been framed or sanctioned under this Ac