Marwari Panchayat, Amritsar Etc. v. State of Punjab and Ors.
CA. No. 10016/1995 (@ SLP (C) No. 7157/88)
Leave granted.
By an order of this Court dated November 2, 1988, the validity in
C.A. Nos. 1764 & 2160 of 1988 titled Shivram & Ors. Etc. v. 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 C
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 D
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. E
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 Slzivram & 01s. Etc. v. State of Punjab & Ors., referred to F
earlier. The appeal is accordingly dismissed. No costs.
G.N. Appeal dismissed.