Punjab Co-operative Societies Act, 1961: ss. 55 and 56 – Allotment of plot – Society established to provide residential plots to its members – Case of the appellant, a founder member of the Society that possession of plot so allotted to her earlier by the administrator and later re-allotted by the society have been illegally allotted in favour of others – Held: Possession of the plot measuring
250 sq. yards has not been handed over to the appellant – Appellants cannot be deprived of a plot allotted to her merely on the basis that she has not made any grievance in respect of possession of the plot allotted on the basis of technicities – Thus, in the absence of any determination of such fact and to do complete justice in terms of Art. 142, issuance of direction to the Registrar of Cooperative Societies to conduct an enquiry – If such allotment is found to be made, the appellant would be entitled to possession of the plot of
250 sq. yards – If it is found that the plot allotted to the appellant is not available, the Registrar or its delegate to pass necessary order to redress the grievance of the appellant – Constitution of India – Art. 142.
Disposing of the appeals, the Court
HELD: Appellant has never raised a grievance that she has not been delivered possession of the plot allotted but, the facts on record, particularly on the basis of counter-affidavit of the respondents, leaves no manner of doubt that the possession of plot allotted to the appellant who is a founder member since the year 1975 has not been given to the appellant. Thus, it is found that the possession of the plot measuring 250 sq. yards has not been handed over to the appellant as projected before this Court. The appellants cannot be deprived of a plot allotted to her merely on the basis that she has not made any grievance in respect of possession of the plot allotted on the basis of technicalities. Therefore, in the absence of any determination of such fact and to do complete justice in terms of Article 142 of the Constitution, it is deemed appropriate to direct the Registrar of Cooperative Societies, Punjab to conduct an enquiry either himself or through such officer as he may deem fit to find out; whether the appellant was allotted plot by the Administrator, and that after such allotments having been set aside on 17.07.1984, whether fresh allotment was made to the appellant by the Society. If such allotment is found to be made, the appellant would be entitled to possession of the plot of 250 sq. yards. If it is found that the plot allotted to the appellant is not available, the Registrar or its delegate shall pass such necessary order to redress the grievance of the appellant after giving an opportunity of hearing to the affected persons. In case, there is a suitable plot available, then the Registrar or its delegate shall allot a suitable plot out of the plots allotted to the Society located in BRS Nagar. The necessary exercise shall be completed by giving opportunity of hearing to the affected persons preferably within the stipulated period. [Para 17-20][129-B-G]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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