A development scheme under the Punjab Town Improvement Act, 1922, can only be framed for an area within the municipal limits.

R.S.Narula, J.

1. The petitioners claim to have purchased about 45 Bighas of orchard land situated in a locality known as Gumtala near Amritsar in 1965 for developing and further planting a well-developed garden. The respondents admit that the petitioners own an area of about 170 Kanals and 10 Marlas at the site in question. It is also admitted that fruit bearing trees were standing in that land, but it is denied that the entire piece of land had been developed into a full-fledged orchard as claimed by the petitioners.

2. By resolution No. 70 dated April 19, 1962 the Amritsar Improvement Trust, Amritsar (represented through its Chairman, respondent No. 1 in the instant case) decided to frame a development-cum-housing accommodation scheme in respect of a certain area. By resolution No. 92 dated May 1, 1962 the Trust refixed the boundaries of the proposed development scheme so as to enlarge the originally proposed area. The total area covered by the proposed development scheme admittedly includes the petitioners garden land referred to above to the extent of 171 kanals and 4 marlas. In the resolution dated 1st May, 1962 reference is made only to the development scheme and the original reference to the housing accommodation scheme is omitted. On the basis of the above-said resolution a public notice under Section 36 of the Punjab Town Improvement Act, 4 of 1922 (hereinafter referred to as the Improvement Act) was issued on 4th of May, 1962. The relevant opening part of the public notice reads as follows :-

"Notice is hereby given that in accordance with Resolution No. 70 dated 19th April, 1962 as amended by Resolution No. 92 dated 1st May, 1962, passed by the Amritsar Improvement Trust Amritsar, the Trust has framed a Development-cum-Housing accommodation scheme for an area measuring approximately 860 acres, bounded by ................, within the Local Area of the Amritsar Improvement Trust, under Sections 24 and 25 read with Section 28(2) of the Punjab Town Improvement Act, 1922 ".

3. It is then specified in the public notice that the area in question was intended to be developed as a commercial-cum-residential area and that it was also intended to provide an industrial colony therein. The notice ended with an invitation to the public to file any objections to the scheme in writing by the 7th of July, 1962. Ultimately the scheme was submitted by the Trust of the State Government under Section 40 of the Act and was sanctioned on February 25, 1964 under Section 41 of the Act. The notification of that date issued by the Punjab Government reads as follows :-

"In exercise of the powers conferred by sub-section 1 of Section 41 of the Punjab Town Improvement Act, 1922 , and all other powers enabling him in this behalf, the Governor of the Punjab is pleased to sanction the Development Scheme (Acquisition of land only) framed by the Improvement Trust Amritsar under Sections 24 and 25 read with Section 28(2) of the Punjab Town Improvement Act, 1922 , for an area measuring approximately 860 acres, within the local area of the Trust and bounded by circular Road, Fatehgarh Churian Road and set forth in the sub-joined Schedule. The notification is issued in pursuance of Section 42(1) of the said Act. (Schedule)"

4. The petitioners stated that they had filed objections against the Scheme. According to the Trust the objections had been heard and dismissed.

5. In the meantime the petitioners came to know that the State Government had decided in connection with a representation of one Raja Baldev Indra Singh that some land under orchards should be excluded from acquisition for the Scheme relating to Ajnala Road and Byepass Road. The State Government is stated to have passed an order exempting the land of Baldev Indra Singh which was actually under a full-fledged garden from acquisition by the Trust. The petitioners have also referred to a letter dated April 29, 1964 from the Secretary to the Government, Punjab, Local Government Departmen