ARMY WELFARE HOUSING ORGANISATION Vs. MEERUT DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This complaint has been instituted by the Army Welfare Housing Organisation that had been allocated a plot of 30 acres for a housing society for its members by the Meerut Development Authority, opposite party herein. There is no dispute on this fact that the complainant made the entire deposit of the amount that was demanded by the opposite party. The allotment letter is dtd. 28/10/1989 and the amount paid by the complainant is Rs.3,82,41,541.00.

(2.) The land could not be handed over for certain reasons, litigations and the existence of an overhead electricity transmission line of 33 KV and 132 KV. The complainant attempted a negotiation for allotment of a different plot and also requested for removal of the transmission lines in order to take possession and develop the land. Unfortunately, all this negotiation and attempts failed and the present complaint was lodged on 18/12/1997. However, the complaint came to be admitted in 2002 and that is how the case number of this complaint has been registered as Original Petition No.335 of 2002.

(3.) The contention of the complainant is that it is a welfare organisation for no profits or profiteering or earning any profits out of the activities of the society. In the given circumstances, when the complainant failed to get possession, the present complaint was lodged.