AIR 1991 PUNJAB AND HARYANA 298 ::1990 Punj LJ 535 ::1991 (1)RevLR183 ::(1991) ILR 1 P&H 249 ::(1991) 1 RRR 307 ::(1991) 1 LJR 413 ::(1990-2) 98 Pun LR 1

Punjab And Haryana High Court

Hon'ble Judge(s): S. S. Sodhi, M. R. Agnihotri, J. B. Garg , JJJ

Punjab Town Improvement Act (4 of 1922) , S.24, S.25— Acquisition of land Residential complex by Improvement Trust - Plots sold or allotted by Trust - Enhancement of compensation payable to owners of acquired lands by Courts - Terms of allotment and sale specifying that price offered was tenantive Subject to revision Improvement Trust can demand enhanced price. Town planning - Allotment of plots Demand for enhanced price. Constitution of India , Art.14— Panipat Improvement Trust Land Disposal Rules (1976) , R.24— Contract Act (9 of 1872) , S.23— There would be no legal or constitutional bar upon an Improvement Trust demanding enhanced price for plots sold or allotted by it consequent upon increase in the compensation awarded to the owners of the acquired land in proceedings under the Land Acquisition Act, if according to the terms and conditions of such allotment and sale, it is empowered to do so. Once the Improvement Trust enters into the field of contract by making allotments on terms and conditions set forth in the application for allotment, sale deed and other documents, it cannot but be taken that it acts purely in its executive capacity and constitutional provisions thus no longer govern its relations with those to whom it has allotted or sold plots. Case law discussed.(Para 7 19) ....