Nehru Cooperative Housing Society Ltd. and Others vs Cooperative Officer (Housing)

Rajiv Sharma, J.—Heard learned Counsel for the petitioner, learned Standing Counsel and learned Counsel for the private respondents.

The writ petition is directed against the judgment and order dated 9.3.1992 passed by the Deputy Housing Commissioner/opposite party No. 2 in Appeal No. 3W/91 filed by the petitioners against the Award dated 30.3.1991 made by the Co-operative Officer Housing/opposite party No. 2 in Arbitration Case No. 33W/90 on a reference for arbitration filed by opposite party No. 3 and 4 u/s 70 of the U.P. Cooperative Societies Act, 1965.

In nutshell, the case of the petitioner is that the Nehru Housing Cooperative Society Limited was registered as a Cooperative Housing Society under the provisions of U.P. Cooperative Societies Act, 1965 and the U. P. Cooperative Societies Rules 1968. The main object of the Society is to acquire land and after preparing the layout according to the needs of its members, plots may be allotted to its members by sale for constructions of houses.

Sri Charan Singh Saini, opposite party No. 3 had half share in plot No. 900 measuring 3-17-0 situate in Village Kaila within the limits of Nagar Palika, Ghaziabad, Pargana Loni, Tahsil and District Meerut (now Ghaziabad). The opposite party No. 3 sold his share measuring 1-18-10 in the aforesaid plot No. 900 to the Society by means of a registered sale deed dated 30.6.1967. At the time of execution of sale deed, notification u/s 4 of the U.P. Land Acquisition Act had already been issued and part of the land measuring 0-14-3.5 out of the share of opposite party No. 3 in plot No. 900 was notified for acquisition by the Improvement Trust, Ghaziabad. The total land of the share of opposite party No. 3 measuring 0-18-10 in plot No. 900 was purchased by the Society for a sale consideration of Rs. 36,777/-, but since the land measuring 0-14-3.5 was under acquisition, the opposite party No. 3 was paid a total sum of Rs. 30,345/- and a sum of Rs. 6,432/- was retained by the Society as deposit of opposite party No. 3 and it was provided in the sale deed that in case, the land which was under acquisition is released in favour of the Society, the said amount of Rs. 6,432/- shall be paid to the opposite party No. 3 and in case, the land is not released in favour of the Society, the said amount of deposit shall stand forfeited and the Society shall also be entitled to receive the compensation payable after final acquisition of that land.

The Arbitrator, while exercising the powers conferred u/s 70 of the Societies Act has directed the Co-operative Society to allot the plot to the opposite parties 3 and 4, being the members of the Society, against which an appeal has been filed. In the said appeal, the Appellate Authority has specifically recorded a finding of fact that apart from the aforesaid Rs. 6,432/-, which has been forfeited on account of de-notification of the portion of land, which forms part of the sale deed executed in the year 1967, an amount of Rs. 6,432/- was also paid, as required, towards the allotment of plot by the Society for which the requisite receipt was issued on 1.1.1982 and the copy of the said receipt was also produced before the Appellate Authority and the same is not being disputed and as such, the Appellate Authority further recorded a finding of fact that the amount so paid cannot be said to be the same amount as forfeited on account of de-notification of the land, but the same has been paid for purchase of plot from the Society in favour of the opposite parties. Thus, accordingly, he directed the Society to allot a plot on the basis of seniority and in accordance with the rules/bye-laws of the Society. Being aggrieved, the instant writ petition has been filed inter alia on the grounds that in lieu of acquisition u/s 4 of the Land Acquisition Act, the opposite party Nos. 3 and 4 were already allotted a plot by the Ghaziabad Development Authority and as such, they are not entitled for any plot from the Society insofar as the same is in violation of the provisions of bye-laws which provides that if a member of Society, who owns dwelling unit or a plot within the territorial jurisdiction of Society, is not entitled for any plot from the Society and as in the instant case, the plot has already been allotted by the Ghaziabad Development Authority in lieu of the plot which has been acquired, as such no plot cannot be allotted. Thus, the orders/directions passed by the Arbitrator as well as the Appellate Authority are illegal.

In support of his submissions, he has relied upon the case of Shri O.P. Choudhry Vs. Rehabilitation Ministry Employees Cooperative House Building Society and Others,

Learned Counsel for the opposite parties submits that at the time of enrollment as member of Society, all the requisite papers were filed and neither the opposite party No. 3 nor the opposite party No. 4 was in possession of any house or plot within the operational jurisdiction of the petitioner''s Society, i.e. Nehru Cooperative Housing Society in Ghaziabad and as such, the impugned orders do not suffer from illegalities. Further, he states that the opposite party Nos. 1 and 2 have rightly been held that the answering respondents are entitled for allotment of a plot for which Rs. 6,432/- was deposited prior to 1.1.1982.

After hearing parties'' Counsel, I do not find any illegality or infirmity in the impugned orders, as the opposite party Nos. 3 and 4 have no plot in the operational jurisdiction of the petitioner''s Society at the when they were enrolled as members of the Society. In facts and circumstances of the case, the case relied upon by the petitioner''s Counsel is not applicable in the instant case.

In view of above, the writ petition is dismissed. There shall be no order as to costs.