LAWS(SC)-2020-4-50

SK JALALUDDIN Vs. STATE OF WEST BENGAL

Decided On April 24, 2020
Sk Jalaluddin Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Special Leave Petition (C) No. 6300 of 2018 was filed by six petitioners (applicants herein), who were all members of the respondent No.4 Khowab Housing Cooperative Society Ltd. (for short "Housing Society"). The same was dismissed on 28.03.2018 by the following order:

(2.) The six petitioners (applicants herein), then filed this M.A. No. 3082 of 2018 on 26.11.2018 with the following prayers:

(3.) Briefly stated, the facts of this case are that all the six petitioners in the Special Leave Petition were members of the respondent No.4Housing Society, which was formed with the objective to construct 48 flats for its 48 members, at a price of approximately 1617 lakhs per flat. The Housing Society was allotted a residential flat measuring 2586.24 square meters by the Asansol Durgapur Development Authority (ADDA) on lease for a total consideration of Rs. 67,05,745/-. The 48 members of the Housing Society were required to deposit a sum of Rs. 3.86 lakhs each towards the cost of land etc., which was deposited by all the 48 members (including the six petitioners) and thus a total amount of Rs. 185.28 lakhs was contributed by the members.