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2015 Supreme(P&H) 148

HEMANT GUPTA, HARI PAL VERMA
Parmod Dada – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioners:Mr. J.R. Mittal, Senior Advocate, with Mr. Kashish Gupta, Advocate.
For the Respondent: Mr. Inder Pal Goyat, Additional AG, Punjab.
For the Respondent Nos. 4 to 7:Mr. Amit Jain, Advocate.

JUDGMENT

Mr. Hemant Gupta, J.: - The petitioners have invoked the writ jurisdiction of this Court for declaring that the land measuring 3 kanal 18 marla is exempted from the Town Planning Scheme and for quashing of the orders dated 19.11.1999 (Annexure P.18) and the order dated 11.04.1997 (Annexure P.19).

2. The petitioners claim to have purchased the land measuring 27 kanal 4 marla i.e. 11000 square yards in the year 1957. The petitioners framed a scheme known as Dada Colony for the development of the said area with the sanction of the Municipal Council. Out of the said land, as per the petitioners, land measuring 3120 square yards was already built up area, land measuring 1225 square yards was reserved for roads and the drainage and the remaining land measuring 6655 square yards was the plot-able area. The petitioners sold the land measuring 306.5 marlas to 20 different persons between 1960 and 1991 i.e. 20 marlas each on 4.3.1960 and 12 marlas on 12.4.1967, thus, leaving the area of 3 kanal 18 marla of land in the ownership and possession of the petitioners.

3. On 12.02.1962, the Municipal Council declared un-built area covering the area of the above mentioned Dada Colony. The p













































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