Courts will not protect claimants who engage in unlawful property transactions, emphasizing the rule of law and public interest over individual gains.

1. Be a party to a device of frustrating the provision of a welfare legislation. (In this case the Urban Land (Ceiling and Regulation) Act, 1976 ) deprive the society of legitimate share and make it nearly impossible to carry public housing scheme envisaged under the relevant provisions of law. Thereafter invoke the provisions of Art.226 of the Constitution and pray "protect us and permit us to retain our ill gotten fruits". In such a situation, not to exercise the powers under Art.226 of the Constitution would amount to denial of any of the fundamental rights or any other rights of the petitioners? Further question arises why and for what purpose powers under Art.226 of the Constitution are conferred upon the High Court and with what objects in view they are to be exercised?

2. There are 31 petitioners in Special Civil Application No. 7130 of 1985, while Special Civil Application No. 996 of 1986 is filed by one petitioner only, who is also respondent 3 in Special Civil Application No. 7130 of 1985. Respondents 4 to 8 of Special Civil Application No. 7130 of 1985 are the original owners of the land who, along with other co - owners, have purported to transfer the land to respondent 3 of Special Civil Application No. 7130 of 1985. By execution of a chain of documents petitioners have been put into possession of the land. They have put up construction on the land which is sought to be demolished by the Municipal Corporation. Hence the petitions challenging the action of demolition on the ground that the same is not in accordance with law and it is violative of petitioners' fundamental rights under Arts.14 and 21 of the Constitution. Petitioner of Special Civil Application No. 996 of 1986, who is also respondent No. 3 in Special Civil Application No. 7130 of 1985, is hereinafter referred to as respondent 3.

3. In view of the fact that common questions of law and fact arise in both these petitions, at the request and with the consent of the parties, both these matters have been heard together and they are being disposed of by a common judgment.

4. The facts in brief:
Respondent 3 had earlier formed Mukta Madhu Co - operative Housing Society. However, it was not possible to get the society registered. Therefore the same has been registered as Mukta Madhu Owners' Association as a non - trading Corporation under the provisions of the Bombay Non - Trading Corporations Act. sometime in September 1982. Petitioners of Special Civil Application No. 7130 of 1985 are members of this association. The land on which the construction stands is part of final plot No. 2/4 of TcP. Scheme No. 24 of Maninagar. (Formerly its survey number was 270 of Rajpur Hirpur). The total area of the land admeasured about 25000 sq.yds.

5. In respect of the land in question town planning scheme was finalised as far back as in the year 1969. The State Government issued notification under S.4 of the Land Acquisition Act on July 1, 1973 for the purpose of acquiring the land for construction of houses for the municipal employees. Since the land acquisition proceedings were being delayed, the owners of the land i.e. respondents Nos. 4 to 8 of Special Civil Application No. 7130 of 1985 and other co - owners who are 22 in number, filed a petition being Special Civil Application No. 3510 of 1980. In that petition they prayed that the Government should be directed to pass award within reasonable time. The petition was allowed by judgment dt. Dec. 26, 1980. It was directed that the award should be passed within reasonable time. It may be noted that the Land Acquisition Act was amended by Act No. 68 of 1984 which came into force on Sept. 24, 1985. As per this amendment, in respect of notification issued earlier if award is passed within two years from the date of coming into force of the amendment, the notification should not lapse. In the instant case the award has been passed on Aug. 23, 1986.

6. During the aforesaid period, a curious development took place. Respondents 4 t