PARMOD KUMAR Vs. UNION TERRITORY

JUDGEMENT

(1.) PETITIONERS seek issuance of a writ of certiorari quashing order dated 23rd November, 1994, annexure P-7, whereby the claim of the petitioners on the basis of their seniority for allotment of plots surrendered due to the resignation by the members has been disallowed as well as issuance of a writ of mandamus directing respondent No. 1 to make necessary entries in their record as allottees against these residential plots which were allotted by the Society to the petitioners and forwarded to the Administration for approval and for approval of their names as lawful allottees of the said plots.

(2.) BRIEFLY , put, Shantivan Cooperative House Building Society Ltd. respondent No. 2 was registered as a House Building Society with the Registrar of Cooperative Societies, Union Territory, Chandigarh before 31st December, 1981. A number of persons were enrolled as its members from, time to time. Petitioners were enrolled as its members on 4th July, 1989 and as per record their numbers exist at Serial Nos. 334 to 342 of the register of the members of the said Society. This Society was formed to provide plots/flats to the bonafide residents of Union Territory, Chandigarh, who are not having any plot or flat either in their names or in the name of their spouse or children. It is on 28th September, 1979 that Chandigarh Administration floated a Scheme known as Chandigarh Allotment of Sites to Cooperative Housing Societies Scheme, 1979 as amended on 27th January , 1983 and under this Scheme respondent No. 2-Society was covered. In the aforesaid Scheme there was no cut off date for registration of Society or enrollment of members of the Society. A copy of the Scheme of 1979 and the amendment effected in 1983 are attached as Annexures P-1 and P-2. This Society consisted of 200 persons and so was allotted 200 plots i. e. 156 plots on 14th November, 1986 and 44 plots on 6th December, 1988 on certain terms and conditions as stipulated by the Estate Officer.

(3.) RESPONDENT No. 1 in its written statement has resisted the claim of the petitioners on the ground that no doubt respondent No. 2-Society was registered on 3rd September, 1981 and the application for allotment was also made by the Society on 29th September, 1981 when it had 200 members, the right to acquire a plot/flat is of those 200 members alone and as in the present case petitioners were enrolled as members of the Society on 4th July, 1989 these persons are not entitled either for flat or for land in view of Clause 14 of the allotment letter issued by the respondent Administration in favour of the respondent-Society. Other material averments have been replied/controverted.