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1991 Supreme(Bom) 94

S.M.DAUD
Gujarati Harijan Co-operative Housing Society Ltd. . – Appellant
Versus
Additional Collector, Bombay and another – Respondent


JUDGMENT - S.M. DAUD, J.:---This petition under Article 226 of the Constitution is aimed against notice and order dated 2-11-1984 and 6-5-1985 respectively-being at Exs. G and H to the petition.

2. The petitioner is a Co-operative Housing Society registered on 18-10-1951 under the Bombay Co-operative Societies Act, 1925 and therefore, deemed to be registered under the Maharashtra Co-operative Societies Act, 1960. On 2-7-1954, the Collector of Bombay Suburban District addressed Ex. A to the petitioner mentioning therein that the State Government had sanctioned the grant to the Society of land measuring 2541 sq. yds from out of plot Nos. 676, 677, 678 and 679 S.S. No. VII Khar. The grant was free of occupancy price on the assumption that the Society would collect necessary funds in due course and subject to various conditions. Condition No. (ii) was worded as follows:--

"that the Society shall not sell or is any way transfer by mortgage, lease etc., any of the plots out of the land to any person other than one of their members or let any tenements to non-members without obtaining previous approval of the Collector in writing."

Condition No. (viii) required the Society to sign an agreem





















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