D.S.TEWATIA, J.

1. . This petition is before us on a reference made by one of us (Sodhi, J.) raising a significant question of law as to whether issuance of a notification under sub-section (1) of Section 42 of the Punjab Town Improvement Act, 1922 , (hereinafter referred to as the Act) would bar a challenge to the validity of the scheme or the governmental sanction thereto for any reason including the reason that the scheme had been framed and sanctioned without compliance of the mandatory provisions, particularly those of Sections 36, 38 and sub-section (1) of Section 40 of the Act.

2. Though in view of the prestinely legalistic nature of the question posed, it would hardly be necessary to bring within the focus the facts of this case, yet we feel that the real import of the legal question can only be viewed in correct perspective against the background of the facts. Hence these few facts:

The Trust prepared a street scheme the validity whereof is under attack relating to an area measuring approximately 2.5 acres for the Bastian Road near Adda Guzan, Jullundur. Land measuring 1 kanal 10 Marlas belonging to the petitioners on which 8 shops have been constructed by them has