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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Proposed Vaibhav Cooperative Housing Society Limited – Appellant
Versus
State of Maharashtra – Respondent
Headnote: Read headnote
JUDGMENT
SUDHANSHU DHULIA, J.
1. The appellant has filed this appeal challenging judgement dated 24.02.2012, whereby a Division Bench of the High Court of Bombay has dismissed the appellant’s writ petition and declined to interfere in the allotment of land by the RespondentState to Medinova Regal Cooperative Housing Society (hereinafter for brevity “MRCHS” or “Respondent No. 5”)
2. MRCHS is a proposed housing society and had applied, through its Chief Promoter Dr. C.N. Shenoy, to the Chief Minister of the State of Maharashtra for allotment of a plot bearing CTS No.629 Part D, E, F at Bandra on 11.10.2000. It was mentioned in their application that the members of applicant society work in Tata Memorial Centre, a leading hospital and research institute for cancer, and these members do not own any house, despite living in Maharashtra for the last twenty years or so. Further, they had said that they have been residing at places which are at quite a distance from their workplace and thus find travelling difficult and time consuming, although as doctors they have to reach their hospital in time in order to r
Allotment of land to Cooperative Housing Society – Land is a precious material resource of community and least which is required from State is transparency in its distribution.
The court emphasized the necessity of transparency and adherence to established procedures in public land allotments to uphold constitutional rights.
Under Rule 25 of the Delhi Cooperative Societies Rules, financial dependency, including for adult children, disqualifies individuals from membership to prevent multiple land allotments within familie....
The main legal point established in the judgment is the need for adherence to the Allotment Policy-2015 and the Rules of 1974 in making allotment decisions, and the importance of improving the Allotm....
(1) Allotment of land – If any allotment had been made contrary to existing policy and rules, same would not form a basis of benefit being extended to another society as under law negative parity is ....
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