MANOJ DUBEY Vs. STATE OF M P

JUDGEMENT

(1.) Petitioners seek direction to State-respondent to constitute Tribunals under the Urban Land Ceiling Act and also under the Co-operative Societies Act. It is submitted in this regard that though Section 12 of the first Act and amended Section 77 of the second Act, provided for the constitution of these Tribunals, yet State-respondent had dithered from constituting these to the prejudice of the aggrieved parties. It is further contended that once creation of these Tribunals was statutorily provided. it was obligatory for the Government to constitute these for effective and meaningful implementation of the respective statutes.

(2.) In its reply. State-respondent has pointed out that Urban Land Tribunal stands already established. But the Tribunal under the Co-operative Societies Act of 1976 could not be so set up because of a lesser number of cases coming up in appeal under the provisions of the Act.

(3.) There is no dispute that Section 77 of the Co-operative Societies Act. 1976. provides for the creation of the State Co-operative Tribunal to exercise appellate power which was otherwise vested in the State Government and by delegation in the Board of Revenue. This was done by amending Act 14 of 1976 which. however, excluded Sections 9 and 38 of the Act from coming into force and provided that these be brought into force on such date as the Government by notification may appoint. Section 38 of the amending Act was envisaged to be inserted as Section 77 onwards to substitute Chapter 10 of the principal Act. In other words. the relevant provision contemplated by the amending Act was to be brought into force by a subsequent Government notification.