Nasib Singh Grewal vs The State of Punjab and others

Satish Kumar Mittal, J.—The instant writ petition has been filed by the Petitioner-Nasib Singh Grewal for quashing the proceedings for auction of residential plots in 100 Acres Scheme to be held by the Respondent-Trust, and to release the land comprised in Khasra Nos. 476 and 477 from the purview of the Scheme as the said land was neither acquired for the said purposes nor any compensation was paid to him. A further prayer has also been made directing the Respondent-Trust to allot the residential plot to the Petitioner for acquisition of other land in the said Scheme as Local Displaced Person as per rules and regulations of the Respondent-Trust.

During the course of hearing, it has not been disputed by the Respondent-Trust that the aforesaid two khasra numbers, which are measuring 1716.68 sq. yards, have been acquired, but neither any compensation was paid to the Petitioner nor possession of the said land was taken by the Respondent-Trust. It is also admitted position that the Petitioner has constructed his residential house on the said portion of land after getting the building plan sanctioned. The photographs of the house, constructed on the said land, are also on the record as Annexure A-5. It is also admitted position that at present the Petitioner is in possession of near-about 2500 sq. yards of land, which includes the land comprised in the above two khasra numbers. The excess area belongs to the Improvement Trust.

During the course of arguments, both the parties have arrived at a settlement. According to that the Petitioner shall retain the possession of 1716.68 sq. yards of land, for which no compensation was paid to him by the Respondent-Trust, on which he has already constructed his house. The Petitioner shall leave the remaining land measuring 765 sq. yards, which belongs to the Respondent-Trust, by raising the boundary wall in his land within two months, and the possession of which can be taken by the Respondent-Trust.

Both the parties have agreed that the petition can be disposed of in view of the aforesaid settlement. However, it will be open for the Petitioner to approach the Respondent-Trust for allotment of a plot in the category of Local Displaced Person, if his other land has been acquired in the said Scheme, in accordance with Rules.

In view of the above terms, the writ petition is disposed of.