IMPROVEMENT TRUST, MOGA ETC. versus MANCHANDA SOAP WORKS AND ORS.

Citation: [1996] SUPP. 1 S.C.R. 402 · Decided: 16-04-1996 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
IMPROVEMENT TRUST, MOGA ETC. 
v. 
MANCHANDA SOAP WORKS AND ORS. 
APRIL 16, 1996 
B 
[K. RAMASWAMY AND S.P. BHARUCHA, JJ.] 
Punjab Town Improvement Act, 1922 : 
Sections 26, 27, 36, 38, 40, 78, 7<J-Tntck Schem.:-Initiation of-Ac-
C qubing of land-Procedures followed-Held, if Legislature intends that eve11 
for non-residential schen1es, establislunent of re-housing schenze is a condi-
tion precedent no non-residential sche111e can be bnplen1ented until the 
residential schenie is fully put in operation-For fra1ning residential schenze, 
acquiring land and const1uction would take yea1>-From pragmatic point of 
view, for acquisition of land to effectuate non- residential sche1nes, it is not 
D mandatory that re-housi11g of the residential scheme should be first initiated, 
implemented and then non-residential Scheme would be taken up. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 18 of 1991 
Etc. 
E 
From the Judgment and Order dated 3.10.88 of the Punjab & 
F 
Haryana High Court in C.W.P. No. 1804 of 1986 
D.V. Sehgal and A.B. Rohtagi, Ms. Naresh Bakshi, Mukul Mudgal, 
Revindra Barra, S. Batra, G. Bindra, Ashok K. Mahajan and Ranbir Yadav 
for the appearing parties. 
The following Order of the Court was delivered : 
This appeal by special leave arises from the Judgment of a Division 
Bench of the Punjab & Haryana High Court made on October 3, 1988 in 
G CWP No. 1809 of 1986. The fact fairly are not in dispute. 
The appellant had initiated a truck scheme under Section 36 of the 
Punjab Town Improvement Act, 1922 (hereinafter referred to as the 'Act') 
which was duly published in daily Tribune on January 10, 17 and 24, 1975 
for acquiring an extent of 15.5 acres of land in Moga for diversion of the 
H 
trucks from passing through Moga Town and stationing them at the 
402 
IMPROVEMENTTRUSTv. MANCHANDASOAPWORKS 
403 
proposed New Mandi Market. Objections had been invited under Section A 
38 by public notice dated January 24, 1975. Objections were filed on March 
25, 1975. After framing the Scheme, a layout plan was prepared for 
inspection by the affected persons. Fresh notice was published in the daily 
tribune on May 13, 20 and 27, 1975. It was also published in local daily by 
name 'Ajit' on May 11, 18 and 25, 1975. After the Government's approval B 
was received, it wa' published in the same manner on May 23 and 30, 1975 
and June 6, 1975 respectively. The individual notices were issued to all the 
persons under Section 38 inviting objections to the Scheme Since the Trust 
had decided to take over possession of the aforesaid property. Notices 
were, in fact, sent to the respondents by registered post with acknow-
C 
ledgement due on June 11, 1975. Notices were serviced on June 12, 1975 
and objections came to be filed by the respondents on August 8, 1975. 
After receipt of objections and consideration thereof, notices in the daily 
Tribunes and also Ajit Calling upon the owners to appear before the 
Conni:rittee, were published on August 20, 1975 fixing the date of hearing 
as August 25, 1975. It was stated as under : 
D 
"It is for the information of general public and in particular the 
owners of the area falling in-
(i) Scheme No. 1 regarding the land near Thana Sadar, Moga. 
(ii) Scheme No. 3 regarding the land between the D.B. Rest House 
and the New Grain market under construction. 
That tbey will be heard in person in the office of the undersigned 
on 25.8.75 at 3.00 p.m. in respect of the above schemes. 
Sd/-
[ Gurdeep Singh] 
Chairman 
Improvement Trust, Moga.
11 
E 
F 
It would appear that the respondents did not appear on the said date G 
at about 3.00 p.m. fixed for August 25, 1975. Accordingly, in the meeting 
held on the aforesaid date it was decided to forward the scheme for the 
approval of the Government under Section 40 of the Act. After receipt of 
the approval from the Government of the Scheme under Section 40 (3) of 
the Act, notices were published on October 2 and October 9, 1975 respec-
H 
404 
SUPREME COURT REPORTS [1996] SUPP. 1 S.C.R. 
A lively. Public notices also were published in the local vernacular daily news 
paper, viz., Ajit, on October 5 and 10, 1975 respectively. Government 
notification was published on October 2, 1975 and October 10, 1975. 
Notification, as required under Section 41 (1) of the Act, was also publish-
ed in the Government Gazette dated 26th December, 1975 regarding the 
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sanction of the scheme. It would thus be clear that the procedure 
presc

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