SHEELA MANIK PATKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Eighteen officers working in the Revenue and Forest Department of the Government of Maharashtra headed by D.V. Mathure, Under Secretary, addressed a latter dated June 5, 1972 to the Secretary, Revenue and Forest Department, Government of Maharashtra, requesting for an allotment of a Government land Survey No. 111/D of Ambivali at Andheri for the proposed co-operative housing society. The letter inter alia stated that the Officers propose to form a housing society comprising exclusively of persons working in the Revenue and Forest Department. The housing society known as Saptashringi Co-operative Housing Society Ltd. was duly registered on June 16, 1973 under the provisions of the Maharashtra Co-operative Societies Act, 1960. The bye-laws of the Society are produced on record by the petitioners with the consent of the respondents, and are marked as X. Bye-law 6 deals with the issue of membership and provides that all persons permanently residing in Bombay city and Suburban area and who have signed the application for registration are original members. It further provides that other members shall be elected by the General Body and every person applying for membership shall deposit the entrance fee and the value of at least five shares which he shall receive on his enrolment as a member.

(2.) On October 25, 1972 the Government of Maharashtra passed a Resolution bearing No. ICB. 2672/132491-BI allotting Government land comprising of one plot admeasuring 810 sq. metres from Survey No. 141-A in Ambivali, Andheri for the purpose of Saptashringi Co-operative Housing Society Ltd. consisting of employees of the Revenue and Forest Department for construction of residential buildings. A list of members was appended to the Resolution. The Resolution further provides that the grant will be subject to the terms and conditions prescribed in the Government Resolution dated April 23, 1965.

(3.) Shri D.V. Mathure, the Under Secretary in the Revenue and Forest Department, addressed a letter dated June 14, 1973 to the Secretary to the Government of Maharashtra, Revenue and Forest Department, pointing out that the plot at Ambivali is at a considerable distance from Andheri Railway Station and it will cause considerable hardship to the member of the Society if the houses are constructed on the plot. The letter further recites that most of the members are having accommodation and though they would like to have an ownership flat with the aid of the Governments assistance the plot at Andheri is not convenient, and requested that another suitable plot should be allotted. The letter mentions that some of the members realising the hardship to be undergone at Ambivali have ceased to be the members of the Society. The letter further states that one plot out of Survey No. 341, Bandra (East) in the Bombay Suburban Division is available and the said plot adjoining the land granted to the Patrakar Co-operative Housing Society and in front of the land granted to Guru Nanak Hospital would be very convenient to the members. The request was, therefore, made that 2,000 sq. yards of land be granted out of the plot at Bandra to enable the Society to accommodate more colleagues in the Department, some of whom are on the waiting list. In pursuance of the request made by the Society, the Revenue and Forest Department issued a Memorandum dated December 24, 1973. The Memorandum inter alia provides that an area of 1,000 sq. yards out of Survey No. 341 (part), Bandra should be granted to the Saptashringi Co-operative Housing Society Ltd. and the remaining area of 1,000 sq. yards should be granted to another Society known as Kala Bhushan Co-operative Housing Society, which was also formed by the Government employees. The Additional Collector, Bombay Suburban District, was directed to take action as set out in the Memorandum. It would be a appropriate to set out the relevant portion of the set Memorandum.