UNITED SERVICES COOPERATIVE HOUSE BUILDING SOCIETY AND ORS Vs. CHANDIGARH ADMINISTRATION AND ANOTHER AND ORS

JUDGEMENT

(1.) This common judgment will dispose of afore-mentioned five writ petitions as they involve commonality of facts and applicability of a scheme floated by the respondents for allotment of land to various cooperative house building societies including the petitioners for constructing dwelling units for their members and subsequent demand for enhanced price made upon them for such allotment. C.W.P.No.13365 of 1999 has distinct features and, therefore, it is being treated as a fountain-head petition from where the facts are being extracted.

(2.) The petitioner-United Services Cooperative House Building Society is a society registered under the Societies Registration Act and applied for allotment of land pursuant to the Chandigarh Allotment of Land to Cooperative House Building Societies Scheme,1991 (hereinafter known as the 1991 Scheme') notified by the Chandigarh Administration (respondent no.1) on 28.5.1991 ( a copy thereof has been annexed with the writ petition as Annexure P2). The 1991 Scheme was floated with a view to promote cooperative housing and to ensure maximum utilization of land by constructing multi-storeyed dwelling units after allotment of land to the eligible cooperative housing societies. To achieve the purpose, 95 acres of land in Sectors 61 snd 63 was allotted to the Chandigarh Housing Board (respondent no.2) for onward allotment to the cooperative house building societies. However, respondent no.1 cancelled this allotment as respondent no.2 did not deposit the requisite funds, but a fresh allotment of land was made on 30.10.1992 which was also cancelled leading to another allotment in Sector 48 in May,1993. Pursuant to Clauses (3) and (4) of the 1991 Scheme, respondent no.1 was required to conduct a survey of eligible societies, who had sufficient funds to carry out construction of dwelling units upon the land to be allotted to them which was to be done on chunk basis. For the purpose of reference, these clauses are extracted hereunder:-

(3.) The Administrator may allot land to the societies within the limits of Union Territory, Chandigarh subject to the fulfilment of provisions of the scheme and the Capital of Punjab (Development and Regulation) Act,1952 as amended from time to time and the rules made thereunder including the Chandigarh Lease Hold of Sites and Building Rules,1973 (as amended from time to time). The society and its members shall be jointly severally responsible for payment of premium including instalment and ground rent and for complying with the terms and conditions, rules and regulations and the provisions of the Act referred to above. The minimum quantum of land that can be allotted is one acre and 40 to 60 number of Welling Units (as approved by the Chief Architect) are to be provided by the Society per acre. The Chandigarh Administration may fix cut off date for the purpose of allotment of land to the Societies as well as to members."