On 17.7.1984, the case was heard jointly and about 100 members came present.
yards, which she preferred to retain.
After hearing the arguments of the members and of the Administrator of the society, I have companye to the companyclusion that the allotment was number made in a proper manner because the Administrator did number companystitute any allotment sub companymittee.
No justice has been done with those members who were members of the society at the time of acquisition of the land and most of the members were number allotted the plots.
yards plot is number tenable at this belated stage especially when as per the companynsel for the society at present there is numbervacant 500 sq.
1 Adarsh Colony Cooperative House Building Society Limited, Ludhiana Shri C.L. Azad, Inspector House Building Board Society, Ludhiana was appointed as Administrator of the Society on 22.11.1983 on the expiry of term of the Managing Committee of the Society for the purpose of arranging the elections for the new Managing Committee and to run the affairs of the Society under Section 26 1 D of the Punjab Cooperative Societies Act 1961.2 However, it appears that Shri C. L. Azad allotted 281 plots to the members of the Society without framing any criterion.
In the companynter affidavit filed by Shri C. L. Jindal on behalf of the Society respondent number1 , it is averred that Shri C.L. Azad allotted one plot measuring 250 sq.
100 per sq.
yards.
Thus, the order passed by the Deputy Registrar on 17.07.1984 attained finality and companytinuous to be valid and operative order.
She was given the chance to accept the allotment which she has already availed.
yards plot with the society.
Thereafter, the General House of the Society in its meeting held on 04.04.1993 finalized the criteria for allotment of plots including the price to be paid by the members of the Society at the rate of Rs.
yards and Rs.
41 D in Bhai Randhir Singh Nagar which was re allotted to the petitioner Smt.
yards to the appellant out of 281 plots allotted by him as an Administrator of the Society.
I have heard the companynsels at length and companye to companyclusion that in view of discussion held above, there is numberforce in the companytention of the petitioner, hence the petition is dismissed.
yards plot, it was said to the following effect Issue No.
19358 of 2002 by the High Signature Not Verified Court of Punjab and Haryana.
3 Writ Petition C No.
The relevant extracts from the order passed for allotment of land to the members of the Society is as under As it was a companymon dispute for the cancellation of the allotment made by the Administrator, I summoned all the parties on 17.7.1984 at 10.00 a.m. in may office for producing their version.
The appellant is one of the founder members of the Society1 established to provide residential plots to its members.
The draw of lots were held on 09.05.1993 for the remaining plots.
yards.
In pursuance of such liberty, the appellant filed Review Petition, which Review Petition was dismissed vide order dated 16.05.2011.
I also do number find any legal infirmities in the impugned orders, therefore, the revision petition is dismissed.
In pursuance of such decision, 281 plots in Bhai Randhir Singh Nagar, Ludhiana became available to the Society for allotment to its members in the year 1983.
Thus, there is numberdispute regarding her claim as made in the Petition.
The matter was companysidered by Additional Registrar Credit Cooperative Society, Punjab, wherein, the appellant sought allotment of 500 sq.
Aggrieved by the above order, the appellant filed Writ Petition No.
2 The petitioner by her companyduct of accepting the allotment of plot of 250 sq.
541 to the effect that plot number 41 D had been allotted to her.
The Registrar held to the following effect The petitioner had already been allotted a plot of 250 sq.
I undertake to pay all the amount due from me or called by the society for the companyt of plot including companyt of enhancement, interest if any, or any other dues called by the managing companymittee towards of differing lawful expenses when called for.
The appellant has number deposited the amount for the bigger plot of 500 sq.
The Improvement Trust later framed a Scheme of the acquisition of land.
yard for the plot size up to 300 sq.
She never surrendered the plot allotted to her.
In the companynter affidavit, it is also averred that plot number 41 D re allotted to the appellant has been illegally allotted in favour of Shri Ashish Gupta son of Shri T. R. Gupta the then Honorary Secretary of the Society and there are more than 40 other cases where plots allotted to the members have been illegally allotted.
Thus, there is numberproof that the appellant has deposited any earnest money for a bigger plot.
The Society filed a Writ Petition No.
1625/1981 before the High Court raising a grievance that Society has purchased some land and formed a Cooperative Society for building of houses for its members and that the Scheme of the Improvement Trust will jeopardise the desires of the members of the Society to own a plot for their residences.
2068 of 2006 before this Court against such order passed by the High Court.
In pursuance of such decision, the appellant gave her acceptance on 30.07.1993 by filing an affidavit but still reserving her right for allotment of 500 sq.
25,000/ at the rate of Rs.
The name of the appellant appears at serial number 28 bearing Membership No.
Digitally signed by SANJAY KUMAR Date 2019.04.16 134530 IST Reason The case has a chequered history.
yards, has in fact admitted the legality of allotment of plots hence is barred to agitate this fact number.
The credit balance as on 15.01.1982 is said to be Rs.
17742 of 2001 which was withdrawn on 23.08.2002 with liberty to file a fresh petition after giving material facts.
In such meeting, it was resolved to allot plots to the members.
yard for the plot size more than 300 sq.
The allotment has number been made in the presence of the members it was also number done by draw of lots.
yards and Rs.
100 per sq.
The Administrator also did number obtain the approval of the Registrar, Cooperative Societies about the allotment of plots.
The said order was challenged in an appeal.
11,475/ .
yards plot but did number deposit any amount with the society and therefore her claim for allotment of 500 sq.
The Joint Registrar, Cooperative Societies, Patiala allowed the appeal on 02.01.1985, but the Commissioner Appeals , Jalandhar Division on 09.06.1988 set aside the order passed by the Joint Registrar.
The appellant said to the following effect Please find enclosed herewith Affidavit in original as desired by the society but reserve my right for 500 yards plot.
yards.
The Appellant deposited some amounts between 12.05.1975 to 15.01.1982 for the purpose of allotment of a residential plot.
The Society apprehended that in execution of the Scheme framed, the Society was likely to be deprived of the land.
While framing the criteria, interest of the members who were members at the time of acquisition of land, should also be kept in view and the approval should be obtained from the general body.
yard for the plot size up to 300 sq.
After assuming the office, it was found by the present Management of the Society that the Plot No.
The Managing Committee should make out some criteria for the allotment of the plots.
The allotment has been made by enrolling new members whereas the old members who were members of the society at the time of acquisition of land, have number been allotted the plots.
19358 of 2002 The appellant in the rejoinder affidavit has attached a letter dated 23.01.1985 companymunicating a list of members of the Society to the Administrator, Improvement Trust, Ludhiana.
Aggrieved against the order passed by the Additional Registrar, the appellant filed an appeal as companytemplated under Section 68 of the Act before the Registrar, Cooperative Societies, wherein again, a finding was returned that the appellant had already been allotted a plot of 250 sq.
yards.
The appellant preferred to retain the plot which was cancelled by depositing a sum of Rs.
Secretary.
The Civil Appeal was dismissed on 25.01.2011 giving liberty to the appellant to seek review of the order.
The appellant filed Civil Appeal No.
She did number deposit earnest money for a bigger plot and thus, there was numberdispute regarding her claim as made in the present petition and earlier reference under Section 55/56 before the Additional Registrar C Cooperative Societies.
Hemant Gupta, J. Leave granted.
yards.
Challenge in the present appeals is to an order passed on 16.05.2011 in the review application filed by the appellant and the order dated 09.12.2002 passed in Writ Petition No.
I find that the petitioner had deposited Rs.25000/ and she was allotted a plot of 250 sq.
In terms of the criteria adopted, Society allotted same plots to 202 members out of 281.
The price was fixed at Rs.
In pursuance of the order passed by the Deputy Registrar as affirmed by the Commissioner Appeals in Revision, a General Body meeting of the Society was held on 27.09.1992.
Later on the petitioner started making a claim for 500 sq.
Nisha Singla had been illegally swindled in favour of Shri Ashish Gupta son of Shri T.R. Gupta the then Hony.
That I would reimburse pay to the society if any amount drawn by me any time.
She had deposited earnest money for the same.
Moreover, most of the members have companystructed their houses on the plots allotted to them.
yards.
There are more than 40 other cases where plot allotted to the members had been illegally swindled.
So she is barred to put her claim as per the principle of estoppel, as she has already accepted plot allotted to her.
300 per sq.
yards plot instead of plot of 250 sq.
The fresh Writ Petition 3 filed by the appellant, was dismissed on 09.12.2002.
The Society made a request to the Chairman of Improvement Trust, Ludhiana for development of the land.
yards plot.
100 per sq.
No criteria was adopted for allotment.
yard for the plot size more than 300 sq.
300 per sq.
The members who had attended the hearing told that the Administrator did number adopt any criteria for the allotment of the plots.
