Advocates:
Advocate Appeared:
For the Appellant :Mr. Arun Nehra, Advocate, Mr. Sant Kashyap, Advocate, Mr. Kuldeep Singh, Advocate, and Mr. Joginder Singh, Advocate
For the Respondent:Mr. Rajiv K. Thakkar, Dy. AG Punjab, Mr. Amit Jhanji, Sr. Advocate with Ms. Eliza Gupta, Advocate, Mr. Harkirat Grewal, Advocate, Mr. Alok Jagga, Advocate; and Mr. Karan Inder Singh, Advocate

JUDGMENT :

Deepak Gupta, J.

Suit seeking decree for permanent injunction regarding property in dispute filed in representative capacity by plaintiffs Joginder Singh and others (appellants herein) was dismissed by the trial Court of Ld. Sub Judge 1st Class, Jullundur on 30.07.1983 and the findings have been affirmed by the first Appellate Court of learned Additional District Judge, Jalandhar on 02.06.1986, while dismissing the appeal of the plaintiffs/appellants. Against these concurrent findings, the present appeal has been filed by the plaintiffs.

2.1 In 1951, the Industries Department of the erstwhile State of Punjab prepared a layout plan (Ex.PW3/A) for the establishment of industries at Jalandhar. The plan included a 120-foot-wide road flanked by green belts of 80-85 feet in width on both sides. Out of the total 130.5 acres, 13.4 acres were reserved for the green belt and 45.2 acres for roads.

2.2 Subsequently, some plaintiffs and other individuals purchased plots within the Industrial Area for setting up industries. The plaintiffs asserted that, as the vendor, the State of Punjab was obligated to maintain the 120-foot road and the adjoining green belts as public amenities. They also claimed a special right to these amenities, given the proximity of their buildings. Some plaintiffs acquired plots from the original purchasers and constructed industrial and residential units in accordance with the Bye-laws. They opened doors, windows, ventilators, and other access points towards the road and green belt, using these amenities for over 20 years. On this basis, the plaintiffs contended that even if no direct entitlement as vendees existed, they had acquired an easementary right by prescription through continuous, open, hostile, and rightful use of the property.

2.3 The plaintiffs further alleged that the defendant - the State of Punjab - had lost the right to restrict the plaintiffs and the general public from using the said amenities, as its ownership had become subject to their easementary rights, including the right of passage and enjoyment of air and light.

2.4 Recently, the defendant allegedly sought to divert the use of the green belt and the 120-foot road, as reflected in an auction and tender notice. It was also claimed that portions of the disputed property were being allocated to the Post and Telegraph Department, Punjab Police Department, and an educational institute, with building materials being stocked for new construction, thereby infringing upon the plaintiffs' rights.

2.5 Despite serving a legal notice, the plaintiffs received no favourable response, compelling them to approach the court. They filed the present suit on 16.07.1980 and prayed for a decree of permanent injunction to restrain the defendant from diverting or closing the road and green belt, shown as red in the enclosed site plan by letters 'ABCDEFGHIJKLMN' and to uphold their right to continue using the property as an easement connected to their plots.

2.6 Initially, the suit was filed only against defendant - State of Punjab. Later on, Devi Sahai Sanatan Dharam Girls High School, and Mohinder Pal c/o Hind Rubber Factory were impleaded as defendants N: 2, and 3 respectively.

3.1 Defendant No. 1 - State of Punjab, in its written statement, raised several preliminary objections. It was contended that out of the 17 plaintiffs, only three - Hans Raj Dhawan (Plaintiff No. 7), Harbhajan Singh (Plaintiff No. 14), and Gurdial Singh (Plaintiff No. 17) - were regular allottees. The remaining plaintiffs, including Plaintiff No. 1 Joginder Singh, were not regular allottees and, therefore, had no enforceable rights in the Industrial Area.

3.2 It was further pleaded that although an initial layout plan was prepared by the Divisional Town Planner for developing the Industrial Area in Jalandhar, the plan was subsequently revised on 10.05.1979 and duly approved by the Government. The State asserted its absolute right to modify the layout plan according to changing needs and f