SHRAMJIVI COOPERATIVE HOUSING SOCIETY Vs. COLLECTOR

JUDGEMENT

(1.) The petitioner is a cooperative housing society registered under the provisions of the Gujarat Cooperative Societies Act, 1961. It has applied to Una Municipality on 17th June 1979 for land bearing Plot No.63 of the Town Planning Scheme No.2 for the purpose of construction of houses by its members. Pursuant to the said application, respondent Municipality passed Resolution No.40 on 28th July 1979 resolving to allot the said land after determining the value of the land. After determining the value of the land, the respondent Municipality called upon the petitioner society to deposit 25% of the value of the land vide its letter dated 8th November 1979 pursuant to which petitioner Society deposited Rs.6998 on 26th November 1979.

(2.) On 17th December 1991 the remaining 75% of the consideration of the land of Rs.20,994/- was paid by the petitioner society to respondent No.2 and thereafter document was executed in favour of the petitioner society. Pursuant to the execution of the sale deed the petitioner Society issued Sanads to the individual members and physical possession of the plots were also handed over to the concerned members of the Society. Thereafter, the members of the Society submitted plans for construction, which were approved by the Municipality.

(3.) Thereafter, Collector in exercise of powers under Section 258(1) of the Gujarat Municipalities Act passed the impugned order on 21st January 1995 (Annexure-G to the petition).