Mr. Surya Kant, J.: - A Division Bench of this Court vide order dated 16.11.2010 made the following reference for adjudication by a Full Bench:-

“In this petition, the constitutional validity of Section 8-A of the Capital of Punjab (Development & Regulation) Act, 1952 (for short ‘the Act’) has been challenged primarily on the ground that the earlier Full Bench judgement of this Court in case Ram Puri, Chandigarh vs. Chief Commissioner, Chandigarh and others, AIR 1982 (Pb & Hr) 301, in paragraph Nos. 66, 67 and 68, while upholding the validity of Section 8-A of the Act, nevertheless referred to Rule 11-D of the Chandigarh (Sales of Sites and Building) Rules, 1960 (for short ‘the Rules of 1960), which according to the Full Bench tampers the rigor and softens the strictness of resumption by making it possible to offer the same property to the original transferee on certain liberal terms.

2. It is not in dispute that the said provision which form one of the factors in upholding the constitutional validity of Section 8-A of the Act, was subsequently deleted w.e.f. 31.01.2007. Though the learned counsel for the respondents has relied upon a judgement of the Hon’ble Supreme Court