AMRITSAR IMPROVEMENT TRUST Vs. AMRITSAR DISTRICT COURTS ADVOCATES CO OPERATIVE HOUSE BUILDING SOCIETY LIMITED

JUDGEMENT

(1.) This is revision against the order dated 10-5-1994 of Sub-Judge First Class, Amritsar whereby he has directed the Amritsar Improvement Trust, Amritsar (in short "the Trust") to allot plot to Shri T. S. Virk, Advocate, District Courts Amritsar as per resolution No. 401 dated 18-9-92 of the Trust.

(2.) Facts :At Amritsar, there is The Amritsar District Courts Advocates Co-operative House Building Society Ltd., Amritsar (hereinafter referred to as Society). Shri D. S. Pheruman, Advocate is the President of the society. Advocates practising at Amritsar, who do not own any residential accommodation within the urban area of Amritsar, floated this society. This society was got duly registered with the Registrar, Co-operative Societies on 7-1-81. After the society had been got duly registered, it came to know that some plots in Complex A and B which had been previously allotted to social workers etc. by the Trust had been cancelled as the Government had declined to accord its sanction for such allotments and as such those plots were free for allotment to the members of the society. Vide letter dated 4-2-81, the society made an application for allotment of requisite number of plots to its members in view of the recommendations made by the Chief Minister and the Commissioner-cum-Secretary to the Govt. of Punjab, Department of Local Bodies. A meeting of the Trust was held under the chairmanship of its Administrator. A proposal was sent to the Government that it may consider to grant sanction for allotment of 5 acres of land earmarked for special purpose to the society at reserve price. Vide memo dated 14-7-83, the State Govt. sanctioned the allotment of plot and it was directed that the members of the society may be allotted plots of 150 sq. yards each and the price will be 11/2 times the reserve price as the advocates were accommodated en-block. The trust was also directed to prepare a detailed planning. Trust was also directed to process the case according to the sanction. On receipt of intimation that Govt. had accorded sanction for allotment of the plots to the plaintiff society, a letter was written to the trust that a notice of demand for depositing the amount as required for execution of the agreement may be issued to the members. Thereafter, the correspondence was exchanged between the parties. Chairman of the trust visited the Bar Association on 24-3-87 and gave an assurance to look into the long standing demand of the society. Society was also intimated by the trust that plots will be allotted to its members. On 3-6-87, the members of the Society personally sought an interview with the Chairman of the Trust and requested that the clause of payment in lump sum which had been newly added should be deleted. Chairman accepted the request and agreed to receive payment in instalments. No allotment was made to the genuine members of the society and the trust ultimately refused to honour its commitment regarding the allotment of the plots to the genuine members of the society.

(3.) The society filed suit for mandatory injunction against the trust directing the latter to make allotment of plots to the members of the society as per sanction granted by the State Govt. vide memo No. 867-144-CII-83 dated 14-7-83 in the Ajnala Road Development Scheme of the Trust. It was Civil Suit No. 34 of 3-3-88. This suit was decreed on 11-3-91 for mandatory injunction directing the Trust to consider the cases of the genuine members of society for allotment of plots 150 sq. yards each in the Ajnala Road Development scheme subject to the availability of the plots of this size in the said scheme and further subject to the completion of all the formalities laid down under the Punjab Town Development (Utilization of Land and Allotment of Plots) Rules, 1983 in letter No. 867-144C-II dated 14-7-83 issued by the Punjab Govt. Four months time was allowed for the completion of the formalities by the genuine members of the society. It was directed that thereafter the trust shall consider the question of allotment of plots to them. Trust went in appeal which was dismissed by Additional District Judge, Amritsar vide order dated 28-2-1992.