SHOBHAN PAL SINGH Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) The controversy involved in all the three writ petitions is the same and, consequently, all these writ petitions are being decided together by a common judgment. For facility, the facts of Writ Petition No.18933 of 2011 is being taken into consideration.

(2.) In the year 1965, the respondent No.3 Society was formed under the U.P. Cooperative Societies Act, 1965, in which the petitioners' father, Late Krishna Pal Singh, became a member. In 1966, the Society purchased land. It is alleged that a lay out plan was prepared and No Objection Certificate was obtained from the Chief Town and Country Planner, Lucknow, and in 1993, the lay out plan was approved by the Nagar Palika, but, subsequently when the Agra Development Authority came into existence under the U.P. Urban Planning and Development Act, 1973, a fresh lay out plan was approved from the authority. On 14.7.1983 the Society executed a sale-deed in favour of the father of the petitioners, being Plot No.B-1, measuring 933 Sq. metres. In 1992 the father of the petitioners died and, upon an application, the petitioners were substituted and also became members of the Society.

(3.) It transpires that in 1993, the Society prepared another lay out plan reducing the area to 692 Sq. meters. It is alleged that the said lay out plan was approved by the requisite authority. Another lay out plan was again approved in the year 2001. Ultimately, the Society filed an application in the year 2010 before the Deputy Registrar for reference of a dispute contending that the father of the petitioners owned a residential house in Agra and, therefore, had no requirement of the plot in the society's land. It was also alleged that the boundary wall was not constructed within the stipulated period nor a residential house was constructed and that the petitioners' are only interested in selling the land to the Mafias for profit. It was also alleged that the development charges were not paid and that the petitioners' father had made a false declaration that he did not own a house in Agra. The Society, accordingly, prayed that the matter be referred for arbitration and a declaration be issued that the sale-deed executed by the Society with the petitioners' father should be declared null and void.