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1996 Supreme(P&H) 930

R.S.MONGIA, K.K.SRIVASTAVA
Harbans Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioners:Mr. A.K. Chopra and Mr. Gurpal Singh, Advocates.
For the Respondent No. 2:Mr. H.S. Riar, Senior Advocate with D.P.S. Kahlon, Advocate.

JUDGMENT

K.K. Srivastava, J. - This order of ours will dispose of Civil Writ Petition Nos. 11993 and 11994 of 1995. In both the writ petitions the notifications (annexures P-1 and P-8) issued by respondent No. 2-Phagwara Improvement Trust, Phagwara are sought to be quashed and along with the Residential Housing Scheme (annexure P-9) is also sought to be quashed as being illegal, unjust, cryptic, arbitrary, an act of colourable exercise of power, mala fide and ultra vires the provisions of Punjab Town Improvement Act, 1922 (for short, to be referred as the Act of 1922).

2. The facts common to both the writ petitions may be noticed as under : The Phagwara Improvement Trust Phagwara-respondent No. 2 passed a resolution to develop a Developmental Scheme No. 7. The total area which was proposed to be acquired was 166 Kanals 6 Marlas (13.80 Acres). A notification under Section 36 of the Act 1922, which is equivalent to a notification under Section 4 of the Land Acquisition Act, 1894 (for short the Act 1894) was published in the Daily Newspaper Nawan Zaman on 21.6.1993 (annexure P-1), 28.6.1993 (annexure P-2) and 5.7.1993 (annexure P-3). The notification was also published in the Official




















































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