Court stays e-auction of five residential plots on ‘school site’ in Shaheed Bhagat Singh Nagar Colony

Kuldip Bhatia

Ludhiana, July 30

Providing a huge relief to residents of Shaheed Bhagat Singh Nagar Colony of the Ludhiana Improvement Trust (LIT) on Pakhowal Road here, a local court has issued a stay order on the auction of five residential plots carved out from a piece of land reserved for school and later proposed to be used for construction of a community centre.

In its proposed e-auction of built-up commercial properties and residential plots in various colonies to be held on August 12, 2021, the LIT had offered for sale five plots (four measuring 150 sq yd each and one corner plot with an area of 200 sq yd) in the chunk of land reserved for a school site. The LIT authorities had claimed that the layout plan of the pocket of land was duly amended and change of land use also approved by the government for conversion into residential plots.

However, the residents had taken strong exception to the arbitrary decision of the LIT, while claiming that after the land could not be sold for construction of a school, the LIT authorities had accepted the proposal for construction of a community centre at this site.

Terming the conversion of land into residential plots as injustice inflicted on the residents, an area resident, SK Pathak, had moved a local court seeking relief against the ‘arbitrary’ and ‘unjust’ decision of the trust authorities.

In an order passed on July 27, the court of Judicial Magistrate Geeta Rani relied on the evidence produced by the petitioner that the land, earlier reserved for a school, was to be used for construction of a community centre for the welfare of the residents. She said, “Therefore, the act of the defendant (conversion of land into residential plots) is arbitrary, unnecessary and also against the welfare of the residents. The court is of the opinion that the plaintiff, being a resident of E-block of Shaheed Bhagat Singh Nagar, is having a right to be heard or to make representation before putting the suit land in the auction being the occupant of adjoining land.”

The judge said, “From the documents on record, it is prima facie established that suit land in question was earmarked for construction of primary school which was later proposed for construction of a community centre. The decision of the defendant made unilaterally for the ultimate use of plot allotting to private persons for their residence purpose without hearing the residents of the said locality is against the principle of natural justice. Hence, defendant is hereby restrained from converting the suit land for any other purposem except it was earmarked for, till next date of hearing (on August 6, 2021).