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Civil · Reportable judgment

Proposed Vaibhav Cooperative Housing Society Limited vs State of Maharashtra & Ors.

Court
Supreme Court of India
Date
12 December 2024
Case No.
Civil Appeal No. 5193 of 2024
Result
Allowed
Bench
Sudhanshu Dhulia, Ahsanuddin Amanullah
Citation
[2024] 12 S.C.R. 732 : 2024 INSC 971
Acts & Sections
Land Revenue (Disposal of Government Land)…
Supreme Court Reports [2024] 12 S.C.R. 732 : 2024 INSC 971
Issue for consideration
Whether the allotment of the plot in favour of Medinova Regal Co-operative Housing Society (MRHS) was proper or violative of the procedure as well as eligibility criteria.
Headnote

Allotment of land – Co-operative Housing Society – The Division Bench of the High Court has dismissed the appellant’s writ petition and declined to interfere in the allotment of land by the Respondent-State to MRHS:

Held: The entire history of how the plot came to be allotted to MRCHS shows nepotism and favouritism for a society which was not even eligible in the first place for this allotment – A perusal of the records shows that not a single member of the society, is a doctor at Tata Memorial Hospital – Leave aside a doctor, not one member is an employee of Tata Memorial Hospital which was the projection earlier and for which the plot was sought to be allotted – The composition of this society has also now completely changed from its original composition – If land is allotted under the discretionary powers of the government, then it is necessary to give reasons in writing as to why such allotment is made in favour of a particular society – Since there has to be transparency in matters of allotment of land by the government, adherence to the rules and regulations becomes important in the cases of allotment, but unfortunately, all this is completely missing in the present case where allotment was made in favour of MRCHS in total violation of the prescribed procedure – Also, MRCHS had applied for a different plot than what they were ultimately allotted – Nothing has been brought to notice of this Court which would even remotely indicate that the plot actually allotted to MRCHS was ever sought by them – This by itself vitiates the entire allotment – Similarly, a perusal of the Letter of Intent as well as the Letter of Allotment does not disclose any reasons why MRCHS was allotted land under the discretionary quota – Non-disclosure of reasons shows that such an allotment is arbitrary – Thus, the allotment of the plot in favour of MRCHS is not proper, as it is violative of the procedure as well as eligibility criteria. [Paras 6, 7, 8, 12]

Keywords: Allotment of land · Co-operative Housing Society · Violation of procedure · Change of composition · Discretionary powers of Government

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Sudhanshu Dhulia, J. 1. The appellant has filed this appeal challenging judgement dated 24.02.2012, whereby a Division Bench of the High Court of Bombay has dismissed the appellant’s writ petition and declined to interfere in the allotment of land by the Respondent-State to Medinova Regal Co-operative Housing Society (hereinafter for brevity “MRCHS” or “Respondent No. 5”) 2. MRCHS is a proposed housing society and had applied, through its Chief Promoter Dr. C.N. Shenoy, to the Chief Minister of the State of Maharashtra for allotment of a plot bearing CTS No.629 Part D, E, F at Band
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