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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Joginder Singh – Appellant
Versus
State Of Punjab – Respondent
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 al
Easementary rights against the State require 30 years of uninterrupted use; 20 years of claimed use by the plaintiffs was insufficient to establish such rights.
The court upheld the DDA's authority to allot land for a Gurudwara, finding no evidence that the land was designated as a green area, thus dismissing the writ petition.
Legal contention raised about applicability of Article 243ZD etc. has no application to the facts of the present case as the same applies only if the Scheme in question is framed by the concerned Mun....
The court affirmed that MCD's land use changes from park to school are valid as they conform to approved zoning and demonstrate the necessity for school playground facilities.
The court affirmed that the approved layout plan of 2008 designates specific plots as residential, rejecting claims of their designation as park facilities.
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