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High Court of Punjab and Haryana · body

2016 DAILYLAW 3838 (PNJ)

YADWINDER SINGH v. STATE OF PUNJAB AND ANR.

CWP/25007/2016 · 2026-04-08

Suvir Sehgal, Vikas Suri

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Judgment text

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CWP-25007-2016 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (103+210-1) CM-17943-CWP-2025 & CM-1801-CWP-2026 in/and CWP-25007-2016 Date of decision:- 08.04.2026 Yadwinder Singh ... Petitioner Versus State of Punjab and others ... Respondents (210-2) CWP-14385-2016 Mohinder Singh Sud ... Petitioner Versus State of Punjab and another ... Respondents (210-3) CWP-25031-2016 (O&M) Kulbir Singh and another ... Petitioners Versus State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL HON’BLE MR. JUSTICE VIKAS SURI Present:- Mr. Ajay Gupta, Advocate and Mr. Hritik Gupta, Advocate (THROUGH V.C.) for the petitioner(s) in CWP Nos. 25007 and 25031-2016. Mr. Vivek Salathia, Advocate, for the petitioner in CWP-14385-2016. Mr. A.S.Khara, Senior DAG, Punjab. Ms. Kavita Arora, Advocate for respondent No.2 in CWP-14385-2016, for respondent No.3 in CWP-25007-2016, for respondents No.3 and 4 in CWP-25031-2016. **** KAMAL SHARMA 2026.04.17 18:11 I attest to the accuracy and authenticity of this order/judgment. High Court, Sector-1, Chandigarh. CWP-25007-2016 (O&M) -2- SUVIR SEHGAL, J. (ORAL) 1. Although, by virtue of miscellaneous applications (CM-17943- CWP-2025 and CM-1801-CWP-2026 in CWP-25007-2016) moved by petitioner, prayer has been made to reserve one plot measuring 500 square yards and for segregation of the main writ petition, but in view of the stand taken by the respondents, this Court proposes to proceed and dispose of all the three writ petitions. 2. This singular order shall dispose of above noted writ petitions as they involve common questions of law and facts. For the sake of convenience, factual position is being taken from CWP-25007-2016. 3. Petitioner has approached this Court, inter-alia, for quashing order, dated 22.10.2014, Annexure P-7, whereby a resolution passed by Amritsar Improvement Trust-respondent No.3, for allotment of a plot to the petitioner has been rejected. 4. Counsel for petitioner have argued that petitioner is a ‘local displaced person’ as defined in Section 2(b) of the Amritsar Improvement Trust Land Disposal Rules, 1951 (for short “1951 Rules”) as his land stood acquired under the provisions of the Punjab Town Improvement Act, 1922. Petitioner applied for allotment of a plot and deposited the earnest money. A resolution was passed by the Improvement Trust for allotment of a plot, which has been rejected by virtue of the impugned order. 5. Upon instructions received from Mr. Harpal Singh, Senior Assistant, State counsel has placed on record a copy of order bearing No.S1-DLG-TSC- 2023/04, dated 06.01.2023, which is reproduced hereunder:- KAMAL SHARMA 2026.04.17 18:11 I attest to the accuracy and authenticity of this order/judgment. High Court, Sector-1, Chandigarh. CWP-25007-2016 (O&M) -3- “Order A committee of the following members is constituted under the chairmanship of the Deputy Commissioner/ District Collector of the concerned district by the Government to deal with the cases of L.D.P/alternative plots of Town Improvement Trusts in an efficient manner:- 1 Chairman, concerned Town Improvement Trust Member 2 Additional Deputy Commissioner (Urban Development/General) Member 3 Sub Divisional Magistrate Member 4 Tehsildar Member 5 Superintending Engineer/Executive Engineer Member 6 Executive Officer Convener- cum-Member Secretary 2. According to sub Rule 8(1) (Mode of Sale) of Utilization of Land Allotment of Plots Rules, 1983 of Punjab Town Improvement Act, 1922 and Rule 17 Mode of Sales and Increase or Decrease in Size of Allotted Plots of notified rules 22.10.2021 under The Punjab Management and Transfer of Municipal Properties Act, 2020, right to allot the plots is with Trust. 3. Therefore, the said committee will scrutinize the resolutions passed regarding the cases of L.D.P./Alternative plots of Town Improvement Trusts. Apart from this, the pending resolutions will also be put up before this committee by the concerned Executive Officer. The concerned Executive Officer, Improvement Trust as convener-cum-member secretary will put up the L.D.P. Performa along with relevant complete record of the case to the committee and recommend (including the facts on the basis of which this recommendation has been made) approval/rejection of each case by the committee in the light of the law/rules/instructions issued by the government from time to time and further action will be taken as per the rules by the concerned Executive Officers. 4. These orders are issued after the approval of the Hon'ble Local Government Minister Punjab. Place: Chandigarh (Vivek Pratap Singh) 06.01.2023 Principal Secretary to Government of Punjab Department of Local Government” KAMAL SHARMA 2026.04.17 18:11 I attest to the accuracy and authenticity of this order/judgment. High Court, Sector-1, Chandigarh. CWP-25007-2016 (O&M) -4- 6. Counsel for the respondent(s) have taken a stand that all the cases of the displaced person have to be examined by the Committee constituted by the Government under the above reproduced order. Reference has also been made by the respondent(s) to judgment, dated 28.05.2024, passed by this Court in CWP-16981-2017 titled as “Bikram Singh Versus State of Punjab and another”, whereby a bunch of petitions were disposed of in view of the constitution of the Committee by the Government. 7. In view of the above development, impugned order, dated 22.10.2014, Annexure P-7, is deemed to have been withdrawn by respondent No.2. Writ petitions are disposed of with a direction to the Committee to re- examine the case of the petitioner(s) after following the due process of law. The necessary exercise shall be carried out within a period of six months from the date petitioner(s) approach(es) the Committee and raises the claim(s). 8. Pending applications shall also stand disposed of. (SUVIR SEHGAL) JUDGE ( VIKAS SURI ) JUDGE 08.04.2026 Kamal Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No KAMAL SHARMA 2026.04.17 18:11 I attest to the accuracy and authenticity of this order/judgment. High Court, Sector-1, Chandigarh.