SRINIKETAN CO OPERATIVE GROUP HOUSING SOCIETY LIMITED Vs. VIKAS VIHAR COOPERATIVE GROUP HOUSING SOCIETY LIMITED

JUDGEMENT

(1.) SPECIAL Leave Petitions are granted.

(2.) THESE appeals by special leave arise out of and are directed against a judgment of the High court of Delhi in Civil Writ Petition No. 806 of 1986 filed by Vikas Vihar Co-operative Group Housing Society Ltd., the contesting respondent in nine out of the twelve appeals. In allowing the writ petition the High court quashed a general order of allotment dated 31/03/1986 of the Ministry of Urban Development allotting 27 acres of nazul land to nine co-operative group housing societies and the individual orders of allotment dated 2/04/1986 pursuant thereto issued to the nine societies regarding the allotment of specified extents of land in their favour for construction of apartments for their members.

(3.) IT was also decided that due to scarcity of land in South Delhi, group housing societies would be allotted land in East and West Delhi and not land in South Delhi for the time being except to such societies for whom commitment was already made prior to 1972. IT was also decided that the rate of premium for land allotted to cooperative group housing societies would be higher in South Delhi than in East or West Delhi. Another policy decision taken was that while allotting land to the co-operative group housing societies, care should be taken to ensure that as far as possible the societies should be allotted lands nearest to the places of employment of their members. Some time later, the government took further note of the situation caused by the scarcity of land, particularly in South Delhi area and took an executive decision in 1972 to impose a temporary ban on further allotment of lands in South Delhi area. "The temporary ban was relaxed in the year 1979 but even so it became necessary to impose restrictions during the period 1980 to 1983 on the registration of new co-operative group housing societies. Since by 1983, almost all the societies registered after 1981 had by and large been allotted lands, the ban on registration of co-operative group housing societies was lifted and an announcement regarding the same was made by the Lt. governor of Delhi in the newspapers on 17/07/1983. By reason of it, the registration of new co-operative societies was resumed and a large number of co-operative group housing societies applied for registration during the years 1983-1984.