MAHASUKHLAL NANDLAL DOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both the above writ petitions involve common and identical questions of facts and law and as such they are heard together and are being disposed of by this common judgment. Special Civil Application No. 2467 of 1984

(2.) The petitioners of this writ petition were the original and the only members of the Shanti-sadan Co-operative Housing Society Limited, which was duly registered under the provisions of the Gujarat Cooperative Societies Act, 1961. The petitioners purchased the land bearing Survey No. 1805 admeasuring 5 Acres and 17 Gunthas, situated at Surendranagar, for the purpose of constructing the residential blocks for Rs. 12,000.00 by a registered sale deed in the name of the said society on 31/05/1961. The petitioners, without raising any amount of loan from any Bank, contributed for the consideration of purchase of the land. Each of the petitioners held the share certificate in respect of the housing society. The said land was an agricultural land before it was purchased by the petitioners and thereafter it was converted into non-agricultural purpose. The same land was transferred in the name of the society and the entry to that effect was recorded in the relevant register maintained in the office of the Assistant District Registrar, Co-operative Societies, Surendranagar, respondent No. 3 herein. It is the case of the petitioners that the land revenue as well as the educational cess in respect of the land of the society was paid regularly from time to time to the concerned authorities.

(3.) The said land, being at the extreme far from the then developing town of Surendranagar, could not be developed for a considerable time for the reasons that no water facilities nor electricity nor road facilities were available in the nearby or surrounding area of the land of the society. According to the petitioners, the primary necessities of the livelihood were even not available in the nearby area of the society and as such it took time for its development.