UNION TERRITORY CHANDIGARH Vs. PARMOD KUMAR

JUDGEMENT

(1.) Shantivan Co-operative House Building Society Limited (for short the Society) was registered on 3-1-1981 with the Registrar Co-operative Societies, Chandigarh. It submitted an application dated 29-9-1981 for allotment of land under the Chandigarh Allotment of Sites to Co-operative House Building Societies Scheme, 1979 (hereinafter referred to as the 1979 scheme). The competent authority of Chandigarh Administration allotted land to the Society in two lots subject to the conditions incorporated in the allotment letters. The Society deposited the entire price enumerated in the allotment letters. Four of its members, who were allotted 10 marla plots each, did not avail the allotment and, therefore, those plots were allotted to respondents no. 1 to 4. They deposited the price of the plots but the papers relating to the allotment were not sent to the concerned authorities for sanctioning of allotment. This led to the filing of civil suit which was decreed on 31-3-1993 by the trial Court. Thereafter, the Society forwarded their cases to the Estate Officer for approval of allotment. Vide memo No. 27820/M-9/GVI dated December 20, 1993, the Estate Officer, Union Territory forwarded the request of the society to the Finance Secretary, Chandigarh Administration who appears to have forwarded the same to the Administrator, Union Territory Chandigarh. By an order dated November 23, 1994, the Adviser to the Administrator, Union Territory, Chandigarh conveyed the decision of the Administrator declining the request of respondents No. 1 to 4 for allotment of plots on the ground that the action of the Society was contrary to clause 14 of the letters vide which land had been allotted to it by the Chandigarh Administration.

(2.) Respondents No. 1 to 4 filed Civil Writ Petition No. 17812 of 1994 for quashing of the order dated 23-11-1994 on the ground that it is ultra vires to the 1979 scheme and also violative of their fundamental right to equality guaranteed under Article 14 of the Constitution of India. In support of their case, respondents No. 1 to 4 relied on the provisions of the 1979 Scheme, memo No. 4797-UTFU(2)-85/13375 dated 17-9-1985, memo No. 442-UTFI(2)-87/1403 dated 3-2-1987 sent by the Finance Secretary, Chandigarh Administration to the Estate Officer, Chandigarh and the order dated 28-2-1994 passed by the High Court in Civil Writ Petition No. 2450 of 1993, Avtar Sheoran v. Union Territory, Chandigarh. Copies of these documents were filed as Annexures with the writ petition. The non-petitioner No. 1 (appellant herein) contested the writ petition and justified the rejection of the request made by the Society for approval of the allotments made in favour of the petitioners. In the written statement on its behalf, it was averred that the members of the Society, who were enrolled after 31-12-1981, are not entitled to allotment of plots and they can be considered only for allotment of flats.

(3.) The learned single Judge accepted the plea of the respondents and allowed the writ petition by making the following observations :-