LEELAWATI Vs. U.P.COOPERATIVE TRIBUNAL LKO

JUDGEMENT

(1.) Heard Shri Ram Raj and Sri Sunil Sharma learned counsel for the petitioners, learned Standing counsel for respondent No.1, Sri Rakesh Srivastava for respondent No.3 while Sri Rakesh Kumar Chaudhary is present for U.P. Awas Evam Vikas Parishad.

(2.) By means of above writ petitions the petitioners have assailed the common order of U. P. Cooperative Tribunal dated 21st May, 2008 whereby while deciding the appeal against the petitioner the Tribunal has refused to interfere with the award dated 22.8.2005 passed under Section 70 of U.P. Cooperative Societies Act.

(3.) It has been submitted by learned counsel for the petitioner that the late husband of the petitioner was allotted a plot by Meerut Sahkari Awas Samiti Ltd.-respondent No.3 (hereinafter referred to as the Samiti) after becoming a member of the said society applied for and was allotted a plot having an area of 1200 square yards and deposited an amount of Rs.10,20,000/- at the rate of Rs.850/- per square yards by means of two demand drafts. The said amount was deposited by the petitioner on 14th June, 1999. He has further submitted that certain other amounts were deposited by him towards development charges etc. Subsequent to allotment of the said plot, a perpetual lease deed was entered into between the petitioner and Meerut Sahkari Awas Samiti Ltd. which was registered on 5th July, 1999; that in the meanwhile the Committee of Management of Meerut Sahkari Awas Samiti Ltd. was superseded and an Administrator was appointed for looking into the affairs of the said Samiti. The Administrator who was appointed on 3rd April, 2000 within one week of assuming the charges of Administrator annulled the resolutions of the Samiti dated 10th September, 1998 and 20th May, 1999 by which the plots in question were allotted to late Laxmi Chand-the husband of the petitioner and subsequently while declaring the registered perpetual lease deed executed on 5.7.1999 void also ordered that the said plot would become the property of the said Samiti and no person shall have any claim on the said plot.