SUPREME COURT OF INDIA
S. MOHAN AND G. N. RAY, JJ.
Navjyoti Coo-Group Housing Society etc., Petitioners
Versus
Union of India and others, Respondents.
Spl. Leave Petn. (Civil) No. 10857 of 1991 (with Writ Petn. Nos. 665 and 667 of 1991)
Decided on 17-9-1992.
Delhi Co-operative Societies Act, 1972 - DDA (Disposal of Developed Nazul Land) Rules, 1981 - Purpose of allotment of the land - Criterion for allotment of land - Acquisition of land - Special Leave Petition - Prior for some period of time Registrar, Co-operative Societies Administration was not registering any Group Housing Society provisions of Delhi Co-operative Societies Act, 1972, presumably because was very little chance of such societies being able to get lands for construction - Result of large scale acquisition of land in Delhi either instance of Central Government or DDA, most of land in Delhi had been frozen - It appears under instructions of Union of India DDA itself had been constructing for residential units on 60 land made available to it and 40 of such land was being allotted by it to different Co-operative Group Housing Societies - DDA for making allotment to Co-operative Housing Societies is Society should not have less than 60 and more than 300 members - Public notice was issued by Delhi Administration to effect administration has decided to re-open registration of Group Housing Societies – Held, Petition is therefore dismissed without any order as to cost - Applications for intervention and/or impleadment are also disposed of - Time schedule as indicated in impugned Judgment of High Court could not be adhered pendency of Special Leave Petition, it is directed directions contained in Judgment of High Court be implmented within six months from today – Court may note here matter was adjourned on few occasions so as to enable Group Housing Societies aspiring to get allotments from DDA to amicably settle disputes and to evolve a formula as may be acceptable to DDA so on basis of such formula allotments are to be made - Petition dismissed
JUDGMENT
G. N. RAY, J.:—Legality and validity of the policy decision of Government of India dated January 20, 1990, containing the guidelines regarding the procedure for allotment of land by the Delhi Development Authority (hereinafter referred to as DDA) to different Co-operative Group Housing Societies are in dispute in this Special Leave Petition No. 10857 of 1991 arising out of the Judgment dated May 10, 1991 of the Division Bench of the Delhi High Court in C.W.P. No. 285 of 1990 (reported in AIR 1991 Delhi 217) (Kaveri Co-operative Group Housing Society Ltd. v. Union of India) and several applications for intervention and for adding and impleading of parties to the special leave petition. The backdrop of relevant events in connection with the issuance of the aforesaid guidelines by the Central Government have been succinctly indicated in the impugned judgment of the Delhi High Court and may be stated hereunder :
2. Prior to July 16, 1983, for some period of time the Registrar, Co-operative Societies, Delhi Administration, (hereinafter referred to as Registrar) was not registering any Group Housing Society under the provisions of Delhi Co-operative Societies Act, 1972, presumably because there was very little chance of such societies being able to get lands for construction. As a result of large scale acquisition of land in Delhi either at the instance of the Central Government or the DDA, most of the land in Delhi had been frozen. It appears that under the instructions of the Union of India, the DDA itself had been constructing for residential units on 60 land made available to it and 40 of such land was being allotted by it to different Co-operative Group Housing Societies. One of the norms which was laid down by the DDA for making allotment to Co-operative Housing Societies is that the Society should not have less than 60 and more than 300 members. On July 16, 1983, a public notice was issued by the Delhi Administration to the effect that the administration has decided to re-open the registration of Group Housing Societies. Those Societies which have membership between 60 and 300 and who did not own any residential property and the members are residents of Delhi can be registered. The application for such registration was to be accepted in the office of the Registrar between July 18, 1983 and August 17, 1983 on a prescribed form to be available from the office. Later on by a Press Note dated August 17, 1983, the period of registration was extended to August 30, 1983. Large number of persons thereafter formed Group Housing Co-operative Societies and applied for registration with the Registrar. Out of 2600 Societies which applied for registration 1406 Societies were registered. The Societies had to apply and obtain registration by satisfying all the provisions of the Delhi Co-operative Societies Act and the Rules framed thereunder. On March 13, 1984, the Registrar issued a public notice in the leading newspapers of Delhi to the following effect :-
"DDA has now intimated that they would now consider allotment of land to Group Housing Societies registered in 1983-84. Those Societies who have closed their membership and desire to seek land through DDA, are requested to submit their membership list and other documents to the office of the Registrar, Co-operative Societies on prescribed pro forma available with the office from 20th March, 1984 onwards."
3. In view of such notice, 1406 Societies which had got themselves registered were required to submit their final membership list to the Registrar and such Societies were also required to submit other documents on the prescribed pro forma. The list was required to be submitted on or before March 20,1984. No time limit, however, was stipulated for the submission of such list. On May 13, 1985, another public notice was issued in which it was stated that so far, out of 1406 registered Societies, only 652 Societies had submitted their list in the prescribed pro forma for onward tra
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