IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sureshwar Thakur, Vikas Suri
Yashendra Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant writ petition, the petitioner seeks the quashing of the letter dated 13.4.2021 (Annexure P-19), wherebys the respondents concerned, have invited applications for two flats of Super Deluxe category, for allotment(s) thereofs to the retired/serving Haryana Shehri Vikas Pradhikaran (for short the HSVP'} employees. Furthermore, the petitioner also seeks a direction upon the respondent concerned, to implement the order/decision passed by the respondents concerned, in the governing body meeting held on 8.1.2018, whereins, it was decided to allot one Super Deluxe category flat, to the petitioner, on availability of very first surplus flat of Super Deluxe category during the re-planning.
Brief facts of the case
2. It is averred in the instant petition, that the respondents concerned, got registered a society in the name and style of HUDA, Urban Estate and Town and Country Planning, Scheme-II, Faridabad, Employees Welfare Organization (for short HEWO'). The Memorandum of Organization and Rules and Regulations of the HE WO became published. The respondents concerned, floated various schemes for allotment of the flats/houses to their employees.
The court held that decisions by a governing body must be honored in flat allotment processes, emphasizing fairness and reasonable treatment in public property distribution.
The court affirmed that society governing bodies can allocate memberships based on their rules, provided actions adhere to outlined eligibility criteria and transparency principles.
Fairness and accountability are essential in the allotment processes of private societies, ensuring no favoritism or bias in decisions affecting members.
Petitioners cannot challenge allotment amounts after acquiescing to the allotment orders and making partial payments, as they were unauthorized occupants without valid claims.
Court upheld the rights of a bona fide member of a cooperative society to her originally entitled flat, reinforcing judicial authority to rectify unfair membership disputes.
(1) Revision Petition can be re-instated if it has been withdrawn in exchange of an offer of settlement.(2) Mere possession on paper does not translate into actual possession.(3) A court-mandated all....
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