Judgment

DUA, J.:- This appeal has been presented in this Court pursuant to a certificate granted by the High Court of Punjab & Haryana at Chandigarh and is directed against the order of a Division Bench of that Court dated October 1, 1970 dismissing the appellants writ petition challenging the legality of the order dated May 25, 1970 passed by the Improvement Trust, Amritsar, respondent No.1 in this Court. By the impugned order the said Improvement Trust had included in the development scheme prepared by the Trust the appellants land measuring about 68 Kanals, 16 marlas. The appellants had also prayed in the High Court that the Improvement Trust and land Acquisition Collector be restrained from acquiring and taking possession of the appellants said land.

2. The Improvement Trust, Amritsar, framed a development scheme in 1961 under Section 24 read with Section 28 (2) of the Punjab Town Improvement Act, (No. 1V) 1922 (hereinafter called the Act). The scheme covered an area measuring approximately 128 acres within the boundaries of the Municipality of Amritsar. It was framed vide resolution No.125 dated November 10, 1961. Notice under Section 36 of the Act was issued on November 21,