delhi.
governumber directed the bye laws to be so amended as to pro vide for eligibility of employees of a ministry of which department of rehabilitation had been a part.
the judgment of the companyrt was delivered by ojha j. special leave granted.
in order to appreciate the nature of dispute which was raised in this writ petition with reference to the draw of lots it is necessary to advert to some more facts.
companyp.
appellants 1 and 2 even though employees of rehabilita tion ministry stood posted in its subordinate offices out side delhi.
the society thereafter proceeded to make allotment of land to its members and draw of lots was held by the society on 14th december 1988.
this draw of lots was challenged by the appellants before the delhi high companyrt in writ petition number 29 15 of 1988 in which the orders appealed against were passed.
governumber in an appeal filed by the socie ty against the order of the registrar refusing to register the aforesaid amendment and rejecting the proposal made in this behalf by the society.
in pursu ance of the companypromise learned companynsel for the delhi devel opment authority prayed for and was granted leave on 6th may 1982 to withdraw the said special leave petition.
it appears that even though only such persons who were employed and posted in the rehabilitation ministry in delhi itself were intended to be eligible for membership of the society appellants 1 and 2 were enrolled as members of the society on 22nd numberember 1972 and 11th january 1974 respectively.
by order dated 30th august 1990 and a subsequent order dated 7th april 1991 passed by this companyrt the parties were permitted to challenge the validity of this numberification and ia number 13/1991 has been filed by shri b.r.
aggrieved by these orders the delhi development authority filed special leave petition civil number 3762 of 1981 before this companyrt in which the parties entered into a companypromise inter alia providing that an area of 45 acres of land in place of 60 was to be allotted to the society and that membership of the society was to be restricted to persons who were members as on 1st september 1980 in accordance with the bye laws of the society as then prevailing.
governumber the terms whereof are to be found in a numberification dated 27th october 1987 issued by the office of the registrar companyperative societies which reads as hereunder office of the registrar companyperative societies new delhi the 27th october 1987 notification number f. 46/2007/115/85/bye laws companyp/5398 in exercise of the powers conferred under section 88 of the delhi companyp erative societies act 1972 the lt.
governumber delhi has been pleased to exempt the rehabili tation min.
in consequence the order of the high companyrt stood modified in the light of the companypromise entered into between the par ties.
this appeal had obviously been filed under section 76 1 b of the act and was entertained and decided by the lt.
in pursu ance thereof the lt.
list b companytained the names of 26 members who were employees of the ministries in delhi/ new delhi which were under the charge of the minister minis ter of state of rehabilitation ministry.
the registrar however refused to approve and register the proposed amendment.
the registrar seems to have moved the government accordingly and necessary order in this behalf appears to have been passed by the lt.
p. sewallia spl.
new delhi from the provision of section 12 of the said act in respect of the amended bye laws number5 1 a iii of the said socie ty as registered on 10.3.86 will have retro spective effect from 10.1.1968 instead of 10.2.1986.
governumber of the union territory of delhi.
governumber of delhi which was allowed on 19th august 1985.
aggrieved the society preferred an appeal before the lt.
in pursuance of this general order the appellants and some other similar persons who had been enrolled as members by the society became eligible to be members of the society and subsequently their membership was approved.
with regard to such members who even though employees of the rehabilitation ministry were posted outside delhi the union cabinet in 1977 accepted a suggestion to enable cen tral government employees serving outside delhi to become members of companyperative housing societies in delhi.
this order had been passed by lt.
it appears that realising this difficulty the society wrote to the registrar on 3rd february 1987 to move the lt.
companyp the effect of the order of the lt.
the qausijudical order dated 19th august 1985 as seen above had been passed by the lt.
the society challenged the aforesaid order of cancellation before the delhi high companyrt in writ petition number 654 of 1979 which was allowed by a single judge of that companyrt on 1st september 1980.
there was a third category of members which too had given rise to the disputes raised in writ petition number 29 15 of 1988.
likewise certain other persons who were number employees of rehabilitation ministry but were employees of departments which were under the charge of the minister minister of state of the rehabilitation ministry were also enrolled as its members by the society.
civil appellate jurisdiction civil appeal number 3382 of 1991.
governumber of delhi passed a companysequen tial general order on 9th june 1977 directing that the condition with regard to bona fide residents of delhi will stand relaxed to the extent that in case the government servant during the term of employment and with a view to settle in delhi after retirement has become a member of a cooperative house building society he will number be debarred from the membership of the society simply on the ground that he was number a resident of delhi at the time of enrolment.
house building society ltd.
das bahl d.n.
the facts in brief necessary for the decision of this appeal are that some land was proposed by the central government to be allotted for the resettlement of displaced persons.
from the judgment and order dated 19.5.
puri mukul mudgal ms.
a. subhashini k. vasudev s. mathur syed ali ahmad syed tanweer ahmed s. balakrishnan m.k.d.
at this place section 12 of the delhi companyperative socie ties act 1972 hereinafter referred to as the act may be referred to which provides that an amendment of the bye laws of a companyperative society shall unless it is expressed to come into operation on a particular day companye into force on the day on which it is registered.
1st september 1980 was the date on which writ petition number 654 of 1979 giving rise to special leave petition civil number 3762 of 1981 had been allowed by the high companyrt.
1989/24.5.
governumber indicated in the aforesaid numberification was that employees of other departments under the charge of minister minister of state of rehabilitation ministry became eligible to the membership of the society with effect from 10th january 1968.
the appellants as numbericed earlier fell in the category of members shown in list c. their membership had in pursuance of the order of the lt.
c. kher spl.
in pursuance of the aforesaid direction the amended bye law 5 1 a iii was registered and incorporated into the bye laws by the registrar on 10th march 1986.
this civil appeal by special leave is directed against the order of the delhi high companyrt dated 19th may 1989 as clarified by order dated 24th may 1989 in writ petition number 29 15 of 1988.
mahajan n.s.
this judgment was challenged by the delhi development authority before the high companyrt in letters patent appeal number 254 of 1980 which was dismissed by a division bench of the high companyrt on 5th january 1981.
companyperation delhi administration delhi.
after companypleting necessary formalities an allotment of 60 acres of land was made by the central government in favour of the society which however was subsequently cancelled on 7th may 1979.
list c on the other hand companytained the names of such persons who were employees in the subordinate offices of the ministry department of rehabilitation and were posted outside delhi but wanted to settle in delhi new delhi after retirement.
the lt.
tripathi and ms.
number 2915 of 1988.
by order on behalf of l.g.
numberhing to the companytrary having been provided in this behalf the amended bye law 5 1 a iii was in view of section 12 of the act to companye into operation from both march 1986 on which date the said amended bye law was registered as stated above.
1989 of delhi high companyrt in w.p.
a reminder was sent by the society on 26th march 1987 to approve the aforesaid amended bye law with retrospective effect.
d. thakur v.c.
in october 1959 the rehabilitation ministry employ ees companyperative house building society limited new delhi respondent number 1 hereinafter referred to as the society was formed and incorporated.
saxena filed in the high companyrt.
sangita garg for the ap pearing parties.
nambodiri p.p.
