Back
2023 Supreme(Guj) 461
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, J.
Ganpatbhai Ambalal Patel – Petitioner
Versus
State Of Gujarat – Respondent
R/Special Civil Application No. 60 Of 2023
Decided On : 15-02-2023
For the Petitioner: Mr. Rashesh A. Rindani, Mr. Shirish H. Gohil.
For the Respondent: Ms. Dhvani Tripathi, Mr. Bhaumik Dholariya.
Duty of the society to implement court orders and the petitioner's right to seek relief for non-implementation.
Headnote:
Article 226 - Land Dispute - Gujarat Co-operative Societies Act, 1961, Section 81 - The court discussed the petitioner's invocation of Article 226 of the Constitution of India to direct state authorities to initiate proceedings against the society for not implementing previous orders. The court also considered the society's duty to implement the order and the proposed steps under Section 81 of the Gujarat Co-operative Societies Act, 1961.
Fact of the Case:
The petitioner sought directions to initiate proceedings against the society for not implementing previous orders and compensation for mental agony and legal expenses. The society had a land dispute with the petitioner, leading to multiple legal proceedings and final judgments.
Finding of the Court:
The court found that the society had not implemented previous orders and directed the respondent No.2 to adhere to the affidavit filed, failing which contempt proceedings would be initiated.
Issues: Delay in implementing previous orders, duty of the society to implement the order, and the petitioner's right to seek compensation for mental agony and legal expenses.
Ratio Decidendi: The court emphasized the duty of the society to implement the order and the petitioner's right to seek relief for non-implementation. The court also highlighted the proposed steps under Section 81 of the Gujarat Co-operative Societies Act, 1961.
Final Decision: The petition was disposed of with a direction to the respondent No.2 to adhere to the affidavit filed, failing which contempt proceedings would be initiated.
ORDER :
1. This petition is a unique case, wherein, the petitioner has sought following prayers invoking Article 226 of the Constitution of India, which reads as under:
“32(B) YOUR LORDSHIP may be pleased to direct the state authorities to initiate appropriate proceedings against the society for not implementing order dated 09.12.2004 in Special Civil Application No.2131 of 2004 (Annex.- B) order dated 10.12.2018 in Special Civil Application No.21992 of 2005 passed by this Hon’ble Court (Annex.- E).
32 (C) YOUR LORDSHIP may be pleased to direct the society to compensate the petitioner for mental agony and legal expenses which the petitioner has suffered because of non action on the party of society by allowing the present petition with exemplary cost.”
2. The brief facts of the case are that:
2.1 The controversy in this petition relates to a parcel of land originally belonging to the respondent No.1 society i.e. Lalitadevi Park Cooperative Housing Society.
2.2 The society is co-operative Housing registered under Gujarat Co-operative Society Act, 1961, bearing registration No.GH2676 and came into existence somewhere in the year 1969. The society is situated at original Survey No.325/2 – Origina Plot No. 55/2 admeasuring 7410 sq. yards of Village – Ranip, Taluka & City- Ahmedabad.
2.3 After society came into existence and after allotting the plot to its members, the society decided to allot a plot situated on the right side of the society to the present petitioner on lease. The resolution to that effect was passed by the society being Resolution No.2 dated 30.12.1973 and an agreement to that effect was also entered upon.
2.4 The society then decided to sale the said land to the present petitioner and thus a resolution to that effect was passed by the general body, being Resolution No. 7 dated 26.09.1976. It was resolved to sale the said land at the market value and for that purpose the Committee of three members was constituted by the society. The general body of the society by its Resolution No.5 dated 25.09.1977, resolved to sale the land to the present petitioner at Rs.50 per yard and also empowered the Chairman and Secretary to do the needful.
2.5 It is the case of the petitioner that petitioner has also paid substantial amount towards the land contribution to the society and pursuant to that the general body of the society passed the resolution being Resolution No. 4 on 24.9.1978 regarding the factum of land having been sold to the present petitioner. After formality of purchasing the said plot, somewhere in the year 1978-79, the said parcel of land was reserved by Ahmedabad Urban Development Authority (for short ‘AUDA’) and was acquired for the purpose of road under the Town Planning Scheme.
2.6 AUDA had offerred the society another plot which was situated on the southern side of the society in lieu of the land which the authorities proposed to acquire for road under the Town Planning Scheme.
2.7 Since the society has already sold the plot which was to be acquired by AUDA authorities to the petitioner, the society passed a resolution being Resolution No.3 on 07.10.1979, resolving for the plot which the AUDA is offering to the society which is situated at the southern end, may be given to the petitioner.
2.8 The petitioner was also admitted as a member of the society and various resolutions were passed by the society for handing over the possession of the plot which the AUDA will give to the society.
2.9 It is the case of the petitioner that after the change of persons in the administration of the society, the dispute started. The new administration of the society thought to snatch the valuable rights of the petitioner and thus started passing various resolution so that the society may not have to give the possession of the plot allotted by the AUDA authorities. It is the case of the petitioner that the society removed the petitioner from the membership of the society on 29.09.1996 and resolution was passed to that effect b
