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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.