JAIDEV INDER SINGH versus AMRITSAR IMPROVEMENT TRUST

JAIDEV INDER SINGH versus AMRITSAR IMPROVEMENT TRUST

Appellant and his family members, as local displaced persons under the Rules, are entitled to a plot allotment only upto 250 sq. yards each, not 500 sq. yards, considering they had already received such allotment earlier; interest of justice served by limiting their claim.

Parties
Appellant: Jaidev Inder Singh; Respondent: Amritsar Improvement Trust
Jurisdiction
India
Judgment Date
16 February 2016
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 12.10.2011 in CWP No. 19034 of 2011 and Order Dated 17.08.2012 in RA No. 83 of 2012, High Court of Punjab & Haryana
Outcome
Appeals partly allowed
Legal Topics
Land Acquisition, Allotment of Plots, Local Displaced Person, Interpretation of Rules
Property Law Land Acquisition Allotment of Plots Local Displaced Person Interpretation of Rules

Case Brief

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Parties

Jaidev Inder Singh

Appellant

Amritsar Improvement Trust

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 12.10.2011 in CWP No. 19034 of 2011 and Order Dated 17.08.2012 in RA No. 83 of 2012, High Court of Punjab & Haryana

Legal Issues

  1. 1 Entitlement of local displaced persons to allotment of plots under Utilisation of Land and Allotment of Plots and Improvement Trust Rules, 1975 after multiple acquisitions
  2. 2 Interpretation of 'local displaced person' and eligibility for allotment after subsequent acquisitions
  3. 3 Effect of compromise and exemption of land on further claims for allotment

Ratio Decidendi

Appellant and his family members, as local displaced persons under the Rules, are entitled to a plot allotment only upto 250 sq. yards each, not 500 sq. yards, considering they had already received such allotment earlier; interest of justice served by limiting their claim.

Court Disposition

Appeals partly allowed

Orders

  • Respondent Trust is directed to allot a plot each to the extent of 250 sq. yards to the appellant and his three other family members who are owners of the acquired land.
  • Allotment to be made within three months from production of order before Trust.