AWAS RAHAT GRIHA NIRMAN SAHAKARI SAMITI MARYADIT BHOPAL Vs. RANVEER SINGH REGISTRAR CO OPERATIVE SOCIETIES BHOPAL

JUDGEMENT

(1.) This is a contempt petition under Article 215 of the Constitution of India by the applicant for punishing the contemner and passing appropriate orders. The petitioner is a Cooperative Housing Society duly registered under the provisions of the M. P. Cooperative Societies Act, 1960. The members of the Society claim to be landless persons. The Society had applied to the State Government for allotment of land. Sometime in the year 1984-85, the society registered its members. The members purchased shares in the Society and their deposits were accepted towards the cost of the plot to be allotted. The Society has framed its own bye-laws which have been approved by the Registrar of the Co-operative Societies.

(2.) It appears that there has been a history of litigation. This contempt petition came to be filed in the following circumstances. The Society had applied to the State Government in the year 1982 seeking allotment of 16.50 acres of land located in Arera Colony, Bhopal. By order, dated 11-8-1982, the Govt. reserved 13 acres of land for allotment to the Society and by order, dated 22-9-1982, the Govt. directed the advance possession of 13 acres of land to be given to the Society on certain conditions. The society was required to deposit premium amount and one year's rent within sixty days and was further required to submit a list of members along with their affidavits before taking possession. The Society deposited Rs. 1965726.85 by different treasury challans on or before 26-9-1982 towards the Nazul rent and premium. The Society was delivered possession of about 566280 sq. ft. of land of Khasra No. 299/82/2 on 11-10-1982. The society had prepared the lay out according to which different sizes of plots carved out and sanctioned by the Town & Country Planning Department, Bhopal. While the society was in the process of making allotment, it appears that some complaints were made' against the functioning of the society. The Deputy Registrar, Cooperative Societies had initiated action against the society for handing over the charge of the society. The order of the Dy. Registrar Cooperative Societies, which was challenged by the petitioner/applicant before this Court in Misc. Petition No. 1269/83. During the pendency of the petition, the State Government by order dated 2-6-1983 revoked the allotment order. This Court quashed the order dated 2-6-83 of revocation of allotment and directed an enquiry by giving an opportunity of hearing to the Society into the allegations of breach of the terms and conditions of the allotment order. It appears, thereafter a show cause notice, dated 20-12-1985, was issued to the Society against the cancellation of the order of allotment, to which a reply was filed. By order, dated 16-1-1986, the State Government cancelled the allotment order, dated 22-9-1982. This order of the State Government dated 16-1-1986 was challenged by the petitioner before this Court in Misc. Petition No. 326 of 1986. A Division Bench of this Court while deciding the aforesaid petition observed in para 4 as follows :

(3.) Under the said directions the Registrar of Cooperative Societies was directed to verify the eligibility of the members of the petitioner/society and it was held that after finalisation of the membership the extent of land necessary for allotment to eligible members was to be reckoned and the land necessary for development activities and to surrender the rest; if it was found in excess, It was also said that the Government shall refund proportionate premium. It was directed that after finalisation of the eligibility the party shall enter into lease deed. The Registrar was directed to decide the matter within six months. The list was to be submitted to the society within three months from the date of the order and representation of the members found ineligible was required to be disposed of by the Registrar within one month. The eligibility criteria was to be verified on the basis of affidavit to be filed by the members. After the said directions have given, the Registrar did not complete. The enquiry as directed, hence, M.C.C. No. 336/9S was filed which was decided on 10-8-94. By order dated 2-5-94 the Registrar submitted a report that none of the members was qualified. However, the said order was passed without affording any opportunity to the members. The Court, therefore, directed that each of the members should be given separate notice. A perusal of the directions issued by the Division Bench as contained in para 5 (i) will show that the main emphasis of the enquiry is upon the eligibility of the members of the petitioner/society for obtaining allotment of land from the society.