Full Judgment Text
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PETITIONER:
MARWARI PANCHAYAT, AMRITSAR ETC.
Vs.
RESPONDENT:
STATE OF PUNJAB & ORS.
DATE OF JUDGMENT01/11/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
JT 1995 (8) 557 1995 SCALE (6)367
ACT:
HEADNOTE:
JUDGMENT:
W I T H
CIVIL APPEAL NO.21 OF 1983
O R D E R
C.A. No. 10016/1995
(@ SLP (C) No. 7157/88)
Leave granted.
By an order of this Court dated November 2, 1988, the
validity in CA Nos. 1764 & 2160 of 1988 titled Shivram &
Ors. etc. vs. State of Punjab & Ors., this Court had upheld
the validity of the proceedings initiated by Khanna
Improvement Trust to implement the scheme framed under the
Punjab Town Improvement Act, 1922. The High Court in this
case refused to exercise the jurisdiction under Article 226
of the Constitution on the ground that the writ petition was
highly belated. The High Court was justified in its
conclusion. The notification under Section 36 was published
on March 3, 1971 and the writ petition was filed sometime in
1988 and came to be dismissed on June 7, 1988. It is an
admitted fact that the appellant had filed an application in
1978 seeking exemption of the appellant’s lands from the
scheme. Thereby, it would imply that they had the knowledge
of the acquisition proceedings even as early as in 1978.
Even then no action was taken till 1988. Under these
circumstances, we do not think that it is a case for us
warranting interference at this belated stage. The appeal is
accordingly dismissed. No costs.
IN CA NO.21/83
The controversy raised in this appeal is covered by the
judgment of this Court in Shivram & Ors. etc. vs. State of
Punjab & Ors. referred to earlier. The appeal is accordingly
dismissed. No costs.