LABOUR BUREAU EMPLOYEES CO OPERATIVE HOUSE BUILDING SOCIETY LIMITED Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) The petitioner i.e. the Labour Bureau Employees Co-operative House Building Society Ltd. is cooperative society registered under the provisions of the Punjab Cooperative Societies Act, 1961, as applicable to the Union Territory of Chandigarh (hereinafter referred to as "The Act"). The objects for formulating the aforesaid co-operative society have been split out and so also the procedure for the working and functioning of the Co-operative Society. It goes without saying that the provisions of the Act and the rules framed thereunder are also applicable accordingly.

(2.) The Chandigarh Administration issued a notification on May, 28, 1991 known as "The Chandigarh Allotment of Land to Cooperative House Building Societies, Scheme 1991 (hereinafter referred to as "The Scheme"), with a view to promote private housing and optimum utilization of land by constructing multi storeyed structures, Copy of the Scheme has been appended as Annexure PI. The petitioner was found eligible for allotment of land on leasehold basis for 99 years for construction of flats thereon. As per the conditions spelt out by the petitioner for the members to become eligible for seeking allotment of land. 123 members were found eligible accordingly. A piece of land measuring 3.62 acres was allotted for construction of 123 flats. The design of the construction of the flats was further spelt out by way of categorisation of three categories i.e. Category A.B. and C. The Categorywise break up of 123 flats which became available is as under : Category-A 24 Category-B 73 and Cagtegory-C 26.

(3.) As per the petitioner, the allotments were to be made by way of draw of lots from amongst the eligible members. It has been provided that an official deputed by the Registrar of Co-operative Societies would witness the draw of lots. Accordingly, the first communication dated August 21, 2000, was addressed to the Registrar for deputing an official accordingly for the draw of lots to be held on 27-8-2000 at 11 am. Since no official had been deputed, therefore, the draw of lots could not be held on the scheduled date. Resultantly, another communication dated 30-8-2000, was addressed for the draw of lots to be held on 17-9-2000. Again no one was deputed therefore, the draw of lots could not be held. Despite a number of communications having been addressed to the Registrar Co-operative Societies, no communication appointing dated 22-10-2000, was received from the Registrar, Co-operative Societies directing that the draw of lots scheduled to be held on 22-10-2000 is stayed till further orders. Copy of the order has been appended as Annexure P8. The aforesaid order was objected to by a communication dated 22-11-2000, addressed by the petitioner. Again a communication was received from the Registrar of Cooperative Societies dated 14-12-2000. vide which it has been disclosed to the society that some of the expelled members have filed appeals which are pending before the Joint Registrar Co-operative Societies and that if the society is keen to go on with the draw of lots then the said members should be treated as normal members and resultantly entitled to be allotted a flat. It is further stated that in case any default is attributed to the said members, the same can be accepted as per the by-laws of the society. The petitioner had been directed to act upon one option out of the two. The petitioner addressed a communication dated Dec. 14, 2000 to the Joint Registrar Co-operative Societies explaining that the dispute is only for category "A" as both the alleged defaulting members i.e. Smt. Anita Verma and Smt. Gurmit Kaur belong to Category "A" only. As such the draw of lots will be held only for category "B & C" as per the schedule. However, the draw of lots for Category-A will be held after the decision of the appeal by the Joint Registrar Co-operative Societies. Resultantly. approval had been granted for draw of lots relating to Categories B and C only as per the Schedule. Copy of the communication has been appended as Annexure P12.