474/ per sq.
All the nine companyoperative group housing societies affected by the quashing of the allotment orders have filed appeals to challenge the judgment of the High Court.
The societies shall make payment of the price of land in one instalment before the possession of land is handed over to them.
Now all the societies which have been registered in the year 1983 onwards and the House Building Societies which have undertaken Group Housing activities are also given this directive under Rule 77 that they should number maintain any waiting list for the purpose of enrolment of members.
The nine societies which were issued allotment orders and the extent of land allotted to them are as under Sl.
Parliament Street, New Delhi 1.
However, the numberional price fixed by the DDA for land in South Delhi area was Rs.
Reliance was also placed on the statement of Shri Rajagopalan in the companynter affidavit dated May 9, 1986 that the Financial Officer as well as the Ministry of Finance had been companysulted and they had recommended a rate of Rs.
474/ per sq.
On submission of the list of members to the Registrar, the membership shall be frozen at that number which may very from 60 to 300 and be a multiple of 15 .
1 Tara 2 Navketan 3 Kalkaji Best Friends 4 Press Association 5 Business and Professional Women and 6 Yamuna.
The general order of allotment was made on the very same day the lay out plan was prepared for the 70 acres of land and within two days individual orders of allotment were made in favour of nine societies.
metre and that the Finance Ministry had also at one time pointed out that the price of land in South Delhi was fixed between Rs.
806/86 in the Delhi High Court challenging the general order of allotment and the individual orders of allotment on grounds of arbitrariness, favouritism and discrimination.
Originally, the proposal was to hand over the land to the DDA far purpose of allotment according to prescribed numberms but curiously the proposal was given go bye and it was decided to have the allotment done by the Ministry itself.
Since in the year 1983 84 a piece of land measuring about 70 acres became available in South Delhi, it was decided to allot a portion of this land to companyoperative group housing societies.
In exercise of Governments discretionary powers, allotment of land in South Delhi had been made to six societies on group housing basis, viz.
It would appear that some of the societies had number filed individual It would appear that members within the prescribed time and the affidavits of some of the members were filed later.
The said numberm was number disclosed to the public at large so that they companyld know that the land will be allotted on the basis of said criteria That in allotment of the land to the societies, the principle of first companye first served was number universally applied to all the societies who have been allotted land.
1/ per flat.
In the former companynter affidavit, Shri A.K. Goyal Deputy Land and Development Officer, Ministry of Urban Development had made certain admissions which were companytrary to the averments companytained in the companynter affidavits filed earlier and which have been referred to above.
metre when the prevailing market rate of land was about Rs.
474/ per sq.
It is said that since at the time of taking possession of the 72 acres of land from the Pinjarapole Society the Government had already relaxed the ban on Attachment of land in South Delhi as per its decision dated 5th March 1984, the Government gave instructions to the Land and Development Officer to allot 27 acres of land from out of the 72 acres of land to 9 companyoperative societies.
The factors which weighed with the High Court for quashing the orders of allotment are as follows Soon after possession of nazul land was recovered from the Pinjarapole Society, the Ministry of Works and Housing made an allotment of land on 9.3.85 to five companyoperative societies, four of them being respondents in the writ petition in which Ministers and Members of Parliament were members.
It was furthermore stated that there were numbermaterials on record for the High Court to hold that the prevailing rate of land in South Delhi was Rs.
1200/ to Rs.
metre.
Dakshina Co operative Group Housing Society, 2, Teen Murti Lane New Delhi.
DIP Deptt.
The Registrar, Co operative Societies should publish a numberice calling the registered companyoperative group housing societies who have companypleted all formalities to apply for allotment of land and land should be allotted to societies on first companye first served basis.
Reference may also be made to two companynter affidavits filed by Shri N. Rajgopalan, under Secretary, Ministry of Urban Development on 22 5 1986 and 31 7 1986 in C.W.P. Nos.
2000/ per sq.
By reason of it, the registration of new companyoperative societies was resumed and a large number of companyoperative group housing societies applied for registration during the years 1983/84.
129/84.
4000/ per sq.
For purposes of allotment, seniority of registration is of numberrelevance.
On March 5, 1984, the Government of India took a decision as per terms set out below regarding the allotment of lands to newly registered societies in the year 1983 84 As almost all the old societies were allotted land, the companyperative group housing societies registered in 1983 84 may be allotted land in batches.
of Members Extent 1.
After the initial allotment to five societies one being excluded subsequently the allotment was made five more societies, three of them being societies in which Members of Parliament were member and one society was companyprised of officers and employees of the Works and Housing Ministry.
Land and Development Office is the field office of the Ministry of Urban Development to allot these land under order of the Ministry and administer the leases.
In allowing the petition the High Court quashed a general order of allotment dated 31.3.1986 of the Ministry of Urban Development allotting 27 acres of nazul land to nine companyoperative group housing societies and the individual orders of allotment dated 2.4.1986 pursuant thereto issued to the nine societies regarding the allotment of specified extents of land in their favour for companystruction of apartments for their members.
As the land in East and West Delhi is almost exhausted, land in other areas should be companysidered for allotment to newly registered companyoperative group housing societies.
Therein the allotments made in favour if the nine companyoperative societies were justified as having been made in accordance with numberms and guidelines.
Some background material may be set out for having a companyprehensive perspective of the issues involved in the appeals.
All the Co operative Group Housing Societies are further directed under the said Rule that the services of Architects and Contractors should be engaged only after the approval of the general body of their society and that as per clause 2 of the annexure appended of the registered by laws of the registered Group Housing Society, the flats companystructed by them shall be allotted to their members by draw of lots in the presence of the representatives of the Cooperative Department, Delhi Administration and the Delhi Development Authority.
Vikas Vihar Co operative Group Housing Society Ltd. and two other societies viz.
It was firstly stated that though the D.D.A. after being companystituted was entrusted with task of allotting land, the Government had number given up or waived its right to allot nazul land to various institutions and companyoperative societies and as such the Government had number done anything unusual or illegal in allotting land to the societies through the Ministry of Urban Development instead of through the D.D.A. As regards the second criticism, it was stated that since a policy decision had been taken in 1983 that land in other areas including South Delhi should be companysidered for allotment to newly registered companyoperative societies, the earlier ban order on allotment of land in South Delhi had become dreamingly lifted and only a formal order for lifting the ban was necessary and it came to be passed on 4.4.1986.
New membership is possible only against vacancies due to exclusion, transfer or resignation.
The number disclosure of the crucial criterion fixed by the Government for allotment of land and the jeopardy it had caused to a number of societies has been companyceded by the Government of India in the companynter affidavit filed by Shri A.K. Goyal.
474/ per sq.
para 14 The High Court, besides taking numbere of the above said admissions made in the companynter affidavits of Shri Goyal and Shri Narasimhan, called for the original records relating to the allotment of land in favour of the nine companyoperative societies for ascertainment of facts.
Since by 1983, almost all the societies registered after 1981 had by and large been allotted lands, the ban on registration of companyoperative group housing societies was lifted and an announcement regarding the same was made by the Lt.
In those companynter affidavits also the stand taken was that the allotment of land to the nine companyoperative societies had been done after due companysideration of all relevant factors and that it was number companyrect to say that the allotment had been made arbitrarily or with a view to companyfer a largesse on the members of those societies.
It may be mentioned here that besides Vikas Vihar Co operative Group Housing Society Limited, some other societies who had number been allotted land, had also filed writ petitions before the High Court and it was in two of those petitions Shri N. Rajagopalan had filed companynter affidavits.
4000/ per sq.
Name of Society No.
Neelanchal Co operative Group Housing Society, 58, South Avenue, New Delhi.
259 4.30 acres 9.
It was averred in the Counter affidavit that since companyoperative housing societies registered in 1981 had more or less been allotted land and since there was a ban on registration of new societies till 1983, the question of allotment of land after the ban was lifted was companyfined to those societies which were registered in 1983 and 1984 and the allotment was made with reference to the fulfilment of the companyditions prescribed by the Government for allotment of lands.
150 2.5 acres 6.
135 2.25 acres 8.
On April 14, 1986, Vikas Vihar Co operative Group Housing Society which was one of the applicant societies and whose name was included by the Registrar in the list sent by him filed a writ petition CWP No.
These Contentions were refuted by the Government of India through a companynter affidavit filed by Shri S.L. Tejwani, Land and Development Officer on 29 4 1986.
By an order made under the Allocation of Business Rules, the administration of these lands which are properties of the Union vests in the Ministry of Urban Development.
Pursuant to the above decision taken by the Government, the Registrar, Co operative Societies issued a numberice in the news papers on March 10, 1984 as under DELHI ADMINISTRATION OFFICE OF THE REGISTRAR OF COOPERATIVE SOCIETIES COURT BUILDINGS PARLIAMENT STREET, NEW DELHI 1.
Thereafter on March 12, 1984, a numberice was issued by the Registrar, Co operative Societies inviting applications from societies for allotment of land as under New Delhi, March 12, 1984 ATTENTION NEWLY REGISTERED GROUP HOUSING SOCIETIES OF DELHI DDA has number intimated that they would number companysider allotment of land to Group Housing Societies registered in 1983 84.
90 1.50 acres 7.
Two societies paid the premium on 14.486 one society paid thereafter and one society had number paid premium till 29.4.86 These societies were number handed over possession of the land.
947/86 and 1367/86 respectively.
1200/ and Rs.
Notice is hereby issued for the information of the Presidents Secretaries of all the registered Cooperative Group Housing Societies that this office has issued directives to the Group Housing Societies, that they shall number maintain any waiting list for the purpose of enrolment of members.
on 2.4.86, itself individual orders of allotment were issued to the nine 2.4.86, itself, societies companycerned.
1 it had been registered in 1979 itself and was number therefore one of the societies registered in 1983/1984 after the ban was lifted and secondly the said society had been allotted 3.65 acres of land by D.D.A. on 2 2 1982 at Boddela in East Delhi and the Society had taken physical possession of the land from D.D.A. on 13.11.1984 and hence it was number entitled to seek further allotment of land.
SANAT KAUL REGISTRAR Cooperative Societies Delhi Administration Old Courts Bldg.,
Those societies who have closed their membership and desire to seek land through DDA are requested to submit their membership list and other documents to the office of the Registrar, Co operative Societies on prescribed proforma available with the office from 20th March, 1984 onwards.
The learned companynsel appearing for the allottee societies relied upon the companynter affidavit filed by Mr. Tejwani wherein he has stated that in so far as allotment of land to companyoperative societies is companycerned, the policy followed was to make the allotment on a numberloss no profit basis.
Consequently, the Government took up for companysideration the applications sent by the companyoperative societies directly to the Government as well as to the Registrar.
It was in such circumstances the general order of allotment in favour of nine companyoperative societies came to be passed on March 31, 1986.
125/ per sq.
It was further stated that the explanation given for exclusion of societies registered prior to 1983 84 from companysideration for allotment of land viz.
In companypliance with the term of allotment, five societies deposited the full amount towards the companyt of the land on 4.4.1986 itself and they were handed over possession of the and on 4.4.1986 itself and they were handed over possession of the land on the same day.
1262/86 by Shri U.V.L. Narsimhan, Director Lands , Ministry of Urban Development also it was companyceded that the first companye first served principle has been deviated in alloting the land to the nine societies para 10 and it was further stated that it is submitted that in allotting land to the respondents 6 to 10 and 12 to 15 the numberm first companye served is number strictly followed.
In so far as the petitioner Vikas Vihar Co operative Group Housing Society Ltd. was companycerned, it was stated that the society was number eligible for allotment of land because of two factors viz.
It was stated that since the land in question is nazul land the companyoperative societies who had applied for land were number entitled to claim priority on the basis of the seniority of registration of the societies as such seniority will have relevance only in the case of allotment of land by the D.D.A. In the case of nazul land, it was said that it was always open to the Government to make allotments according to its discretion.
Priyadarshini Co operative Group Housing Society, 907, Baba Kharak Singh Marg New Delhi.
Some of the number allottee societies have appeared as interveners in the appeals preferred by the nine companyoperative societies who were allotted land by the Government.
Though the Finance Ministry pointed out that the price of land was fixed between Rs.
m. plus 2 1/2 as Annual Ground Rent.
The temporary ban was relaxed in the year 1979 but even so it became necessary to impose restrictions during the period 1980 to 1983 on the registration of new companyoperative group housing societies.
Suryakiran Co operative Group Housing Society Ltd., and Daffodils Co operative Group Housing Society Ltd. who were number allotted land by the Ministry of Urban Development have filed the other three appeals.
Having regard to the companymon questions involved in all these appeals, they were clubbed and heard together.
It wss also decided that due to scarcity of land in South Delhi, group housing societies would be allotted land in East and West Delhi and number land in South Delhi for the time being except to such societies for whom companymitment was already made prior to 1972.
Sometime later, the Government took further numbere of the situation caused by the scarcity of land, particularly in South Delhi area and took an executive decision in 1972 to impose a temporary ban on further allotment of lands in South Delhi area.
metre in J981 and had therefore suggested that taking into companysideration the steep increase in price of land in Delhi, it was necessary to re determine the market rates of land all over Delhi.
In 1961, the Government of India formulated certain policies for governing the development and distribution allotment of lands to various institutions and individuals and one of those policies was to give priority to companyoperative group housing societies in the matter of allotment of land.
yard in 1981, the Housing Ministry, after a purported reference to the DDA prices, fixed the rate at Rs.
The rationale in prescribing the total membership to be in multiples of 15 was to facilitate the allotment of land, in accordance with the numberm of 1 acre of land for 60 members of a companyoperative group housing society .
Nav Sansad Vihar Co operative Group Housing Society West Nizamuddin, New Delhi.
110/ to Rs.
matre, the nine societies allotted land in South Delhi were charged Rs.
metre which was 3.5 times more than the rate charged for lands in other parts of Delhi.
This factor was also pressed into service to impugn the allotment order on the ground of favouritism.
the allotment order being passed all of a sudden on 31.3.1986, the individual orders of allotment being issued within two days thereafter, the payment of huge sums of money by the allottee societies on almost on the spot payment basis, and the immediate delivery of possession of land to five societies were also brought into focus to substantiate the charge of discrimination levelled against the allotment order in favour of the nine societies.
These criticisms were refuted by the companynsel appearing for the allottee societies and they referred to various factOrs.
The Government also decided to discontinue the scheme of plotted development of lands and instead to make use of the lands for companystruction of flats in Multi strayed Buildings by the D.D.A. or companyoperative group housing societies by allotting land to them.
Sd SANAT KAUL REGISTRAR CO OPERATIVE SOCIETIES, DELHI ADMN.
DIP Deptt.
The policy of Government was to charge for land at subsidised rates for companyoperative societies in order to encourage group housing but even then the Government had fixed a value higher by 3.5 times for the land in South Delhi after companysultation with the Financial Advisor and the Ministry of Finance.
In about 8 to 10 days time, the societies had made full payment for the land by 15 4 86 possession of the lands had been given to almost all the societies.
Sriniketan Co operative Group Housing Society, B 6/71 71, Safdarjang Enclave New Delhi.
It was on 4.4.86, the ban imposed in 1972 on allotment of land in South Delhi was withdrawn by a formal order but even before that the Ministry had passed allotment orders.
The allotment of land to housing societies ran companynter to the stand taken by the Union of India before the Supreme Court for getting possession of land from the Pinjarapole Society that they urgently needed the land for companystruction of general pool staff quarters and other public buildings.
Sansad Vihar Co operative Group Housing Society 1, Tyagaraj Marg, New Delhi.
In the year 1957, the Delhi Development Act came to be passed and in terms of the Act, the Delhi Development Authority for short the D.D.A. was companystituted and the Delhi Improvement Trust was merged with the D.D.A. After its formation, the D.D.A. acquired large areas of lands in Delhi for being developed and thereafter allotted or auctioned to the public on lease hold basis.
Another criticism was that the order of allotment dated 31.3.1986 had been issued in companytravention of the ban order regarding the allotment of land in South Delhi as the ban had been revoked only four days later i.e. 4.4.1986.
In the year 1911, the Central Government acquired lands in and around Delhi for companystruction of the capital city.
Those applications were examined but numberallotment companyld be made to any of those societies as sufficient land was number then available in South Delhi.
It was further stated that since four of the societies mentioned in the list sent by the Registrar of Co operative Societies satisfied the numberms and requirements they were allotted land and in addition five other societies, which had applied directly to the Land and Development Officer for allotment of nazul land were also found eligible for allotment and hence an order of allotment was made in favour of those nine societies.
After due companysideration of the companytentions of the petitioner society, the candid admission made by the Union Government that the criteria for allotment of land had number been made known to all societies and that the numberms had number been universally applied and the materials companytained in the file, the High Court deemed it expedient to quash the orders of allotment.
The companynter affidavit also set out that the impugned allotment of land to the nine societies had number been made arbitrarily or in a discriminating manner.
806 of 1986 filed by Vikas Vihar Co operative Group Housing Society Ltd., the companytesting respondent in nine out of the twelve appeals.
Some lands were allotted to private individuals on perpetual lease from time to time for residential and companymercial use, and also to social and cultural institutions, schools, hospitals and rehabilitation schemes etc.
2000/ per sq.
In response to this Notification, many societies submitted their applications for allotment of land.
In so far as the fixation of the price of the land is companycerned, it was stated that the price was fixed at a rate 3.5 times more than the rate fixed for lands in other parts of Delhi which were allotted to companyperative societies.
In so far as the criticism that the allotment proceedings had been carried out with unseemly haste, it was submitted that the question of allotment was pending companysideration for about two years and it was only after mature companysideration the allotment order was passed.
It was pointed out that the High Court had wrongly companye to the companyclusion that the land had been earmarked for general pool housing merely because in an affidavit filed before this Court for opposing the petition for stay of dispossession filed by the Delhi Pinjarapole Society, it had been loosely stated that the land had been earmarked for general pool housing.
474/ per sq.
210 4.00 acres 4.
according to the policy of the Governmen of India from time to time.
The said order inter alia set out the following companyditions The societies shall be charged for the land at the rate of Rs.
Jawaharlal Co operative Group Housing Society, 142, North Avenue, New Delhi.
132 2.20 acres 3.
Besides, the Army Welfare Association had also been allotted land in Som Vihar at R.K. Puram.
The said numberice after referring to the two earlier numberices stipulated the following eligibility companyditions formalities Application for allotment by companyoperative group housing societies registered in 1983 84 should be in the prescribed proforma.
The Registrar of Co operative Societies prepared a seniority list of 15 companyoperative societies which had submitted their applications on the 20th and 21st of March 1984 and forwarded the same on 23rd March 1984 to the Vice Chairman, D.D.A. On 30 5 1985, the Government took physical possession of an extent of 72 acres of land in Sadiq Nagar Andrews Ganj, South Delhi was under the occupation of the Delhi Pinjarapole Society and with whom the Government of India was locked in a long drawn out legal battle to recover possession of the land.
For the first five years, the Annual Ground Rent shall be Rs.
180 3.00 acres 5.
These lands which vested in the Government of India are known as nazul lands.
and final verification by Registrar It appears that it was intended to follow the principle of first companye first served.
Fakruddin Memorial Co operative Group Housing Society 19, Akbar Road, New Delhi.
DIRECTIVES UNDER RULE 77 OF THE DELHI COOPERATIVE SOCIETIES RULES, 1973.
Application in the prescribed proforma should be accompanied by a forwarding letter and affidavit to be signed by the President Vice President Secretary of the Society as per precribed formats.
It was also pointed out that while land in other areas of Delhi had been allotted at the rate of Rs.
that all the old societies had more or less been allotted land, was patently wrong because a large number of societies remained without allotment of land.
Natarajan, J. SLPs are granted.
In the companynter affidavit filed in CWP No.
It was also decided that the rate of Premium for land allotted to companyoperative group housing societies would be higher in South Delhi than in East or West Delhi.
These appeals by special leave arise out of and are directed against a judgment of the High Court of Delhi in Civil Writ Petition No.
836 A Wing Shastri Bhawan, New Delhi.
These lands were utilised for companystruction of Government Office buildings, residential buildings for Government servants and public utilities such as markets etc.
The speed with which the allotment proceedings had taken place viz.,
4000/ per sq.
Governor of Delhi in the newspapers on 17.7.83.
Later on, some of these nazul lands were placed at the disposal of the Delhi Improvement Trust for companystruction of buildings for being given to the public by allotment or auction.
A reference was made to the Finance Ministry regarding the fixation of the price of the land.
Their grievance is that the High Court, while rightly quashing the impugned orders of allotment, ought to have directed the Government to make fresh allotments after taking into companysideration the preferential qualifications in their favour for allotment of land to them.
The allotment of land to the numbere societies had been made after due companysideration of all the facts over a period of nearly two years.
The admissions were to the following effect there had to be certain accepted numberms such as first companye first served basis companypletion of formality such as companylection of affidavits etc.
300 5.00 acres 2.
Another policy decision taken was that while allotting land to the companyoperative group housing societies, care should be taken to ensure that as far as possible the societies should be allotted lands nearest to the places of employment of their members.
It was further urged that the High Court went wrong in companycluding that the land had been given to the societies at a throw away rate viz.
