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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Proposed Vaibhav Cooperative Housing Society Limited – Appellant
Versus
State of Maharashtra – Respondent
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 respond to emergencies. On these grounds a request was made for allotment of land.
T
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.
Public land allotment requires transparency and adherence to established procedures, including the necessity of public notice to ensure equity and prevent favoritism among applicants.
Mandatory prior approval from the Assistant Collector is essential for land allotments under Section 122-C of the U.P. Zamindari Abolition and Land Reforms Act, making unauthorized claims invalid.
The Divisional Commissioner had the power to examine and cancel the transfer of land, and the petitioner-Society had no legal right to claim allotment of land based on the Trust's decision.
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....
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