DELHI DEVELOPMENT AUTHORLTY v. ARUN LAL SATIJA AND ORS

Citation: [2007] 12 S.C.R. 527

Court: Supreme Court of India

Bench: ARIJIT PASAYAT, LOKESHWAR SINGH PANTA, P. SATHASIVAM

Case summary

DELHI DEVELOPMENT AUTHORLTY v. ARUN LAL SATIJA AND ORS.pdf

Judgment text

DELHI DEVELOPMENT AUTHORlTY v. ARUN LAL SATIJA AND ORS. NOVEMBER 23, 2007 __; [DR. ARIJITPASAYAT,LOKESHWARSINGHPANTAAND P. SATHASIVAM, JJ. ] Land Laws: Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981; R. 17: Allotment ofLand-Son ofdeceased member ofaSociety entered into membership ofthe Society-Applicability ofr. 17-Held: R. 17 of 1981 Rules regarding general restrictions to allotment ofland for residentialpurpose applies to Nazul land-Appellant-authority neither claimed that the land in question was Nazul land nor any material placed before the High Court to justifY applicability ofr. 17-Hence, the question ofapplying r. 17 to restrict allotment ofland infavour of son ofthe deceased does not arise-Delhi Co-operative Societies Act, ~ , 2005-Section 87. Father ofrespondent No. 1 was a member ofthe Society. He was entitled to be included in the draw oflots for allotment ofland. However, before any allotment of land was done, he died.

The Managing Committee of the Society adopted a resolution transferring the membership ofthe father to respondent No. 1. Thereafter, he applied to the Registrar of Cooperative Societies for inclusion of his name in the draw oflots by the appellant-authority, which was rejected by the Registrar of Cooperative Societies. A writ petition was filed by ... .. ,. . -"' respondent No. 1 before the High Court challenging the non-inclusion of his name for allotment. The High Court directed clearance of the name of respondent No. 1. Since the order of the High Court was not complied with, contempt proceedings were initiated against the Registrar, Cooperative Societies-respondent No. 2. The Registrar, Cooperative Societies made a statement before the High Court that the 'clearance letter for holding draw oflots for allotment ofplot would be issued immediately.

The High Court disposed ofthe Petition holding B that the membership of a society and eligibility for a plot are entirely independent issues; that merely because respondent No. l was having another plot in his name, he cannot be made ineligible for allotment of plot on that ground; and that Rule 17 of the Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981 is not applicable to the case of respondent No. 1. Hence the present appeal. Appellant-authority contended that true import ofRule 17 has been lost sight ofby the High Court. Respondent No. I submitted that Ruic 17 has no application as the land in question was not Nazul land; and that Section 87 of the Delhi Co-operative Societies Act, on which the appellant has placed reliance, does not apply to the present case. Dismissing the appeal, the Court HELD: 1. 1.

A bare reading ofRuic 17 ofthe Delhi Development Authority (Disposal ofDeveloped Nazul Land) Rules, 1981 makes it clear that it applies only to Nazul land. Nowhere, it was the stand of appellant that the land in question was Nazul land. Therefore, the question of applying Rule-17 does not arise. [Para 7] [531-G] 1. 2. The last proviso to Section 87 of the Delhi Cooperative Societies Act, 2005 makes the position clear that it does not apply to a case of inheritance. The undisputed position is that the property devolved on the respondent No. I by way of inheritance. But it is not G necessary to go into the question in the present dispute because there was no material placed before the High Court to justify the stand that Rule-17 had any application. [Para 9] (533-A, BJ 1. 3. In the facts and under the circumstances ofthe case, the High > Court's view docs notsufferfrom any infirmity to warrant interlerence. [Para 10) [533-B] CIVIL APPELLATE JURISDICTION :Civil Appeal No. 5373 of 2007.

From the Judgment and Order dated 3. 10. 2005 of the High Court of Delhi at New Delhi in C. W. P. No. 133/2005. Ashwani Kumar for the Appellant. T. S. Doabia, Sanjeev Sachdeva, Rashmi Malhotra and D. S. Mahra . for the Respondents. Nagendra Rai and Amit Pawan for the Respondent No. I. Rakesh Munjal and Vishal Sinha for the Respondent No. 3. The Judgment ofthe Court was delivered by DR. ARIJIT PASAYAT, J. I. Leave granted. 2. Challenge in this appeal is to by a Division Bench of the Delhi High Court allowing the writ petition filed by the respondent no. I 3. Factual background in a nutshell is as follows: The land to which the present dispute relates was allotted to The Mianwali District Cooperative House Building Society Ltd. , Flat No. 3- A, New Qutab Road, Delhi. Father of Respondent No. I was a member of the Society. Members ofthe Society were entitled to be included in the draw oflots for allotment ofland. Before any allotment ofland was done, father ofrespondent No. I died on 22.

I l. I974. Respondent No. I filed an application for issuance ofsuccession certificate which was allowed on I7. 02. 1986. The Managing Committee of respondent No. 3-Society adopted a resolution transferring the membership of Shri K. K. Satija in favour of respondent No. I. Thereafter, respondent No. I approached the office of the Registrar ofCooperative Societies (in short 'the Registrar') for clearance and for forwarding his name for inclusion in the draw of lots by the appellant. On 16. 05. 1994, the Registrar issued a show cause notice to respondent No. I as to why his membership of the Society be not cancelled for the reason that he was already owning a residential house at A-120, Saraswati Vihar, Delhi. On 13. 10. 1994, an order in this regard was passed by the Registrar. But the membership was restored by the Government in a revision petition filed under Section 80 ofthe Delhi Cooperative Societies Act, 1972 (in short 'the Act').

A writ petition was filed before the Delhi High Court challenging the non-inclusion ofthe respondent No. 1 's name for allotment. The Delhi High Court passed an order directing clearance ofthe name ofrespondent No. I, since no order was passed in terms ofthe High Court's order. Two and four weeks' time were granted for inclusion ofname and allotment ofthe plot. Since same was not done contempt proceedings were initiated. In these proceedings, the present appellant was not a party. In the contempt proceedings, a statement was made by the official ofthe Registrar, Cooperative Societiesrespondent No. 2 that the clearance letter for holding draw of lots for allotment of plot of 300 sq. yds. would be issued immediately. Accordingly, the application was disposed of On 19. 02. 2004, respondent No. I approached the appellant for allotment in the draw of lots. At that point oftime, the appellant came to know that order relating to inclusion ofthe name ofrespondent No. I had been passed.

Respondent No. I filed another writ petition seeking a writ ofmandamus against the appellant to allot and handover the plot. The Division Bench allowed the petition cμid held that there was no substance in the plea raised by the appellant and that the membership ofa society and eligibility for a plot are entirely independent issues. It also did not find any substance in the plea that because respondent No. I was having another plot in his name, he was ineligible for allotment ofa plot in the society. The appellant's contention centred around Rule-17 ofthe Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981 (in short the 'Rules'). 4. The High Court held that Rules are not applicable to the case of >- " respondent No. I. 5. In support of the appeaL learned counsel for the appellant submitted that true import of Rule 17 has been lost sight ofby the High Court.

On the other hand, learned counsel for the respondent submitted that Rule 17 has no application as the land in question was not Nazul land. It was also submitted that Section 87 of the Act on which the appellant has placed reliance, does not apply to the present case. 6. The dispute revolves primarily around applicability ofRule-17. __,: The same reads as follows: "17. General restriction to allotment for residential purposes.

Notwithstanding anything contained in these rules, no plot of Nazul land shall be allotted for residential purposes, to an individual other than an individual referred to in clause (i) ofrule 6, who or whose wife husband or any of his or her dependent children whether minor or not, or any of his her dependent parents or dependent minor brothers, or sisters, ordinarily residing with such individual, own in full or in part, on lease hold or free hold basis, any residential land or house or who has been allotted on hire purchase basis by residential land or house in the Union Tenitory ofDelhi; Provided that where, on the date ofallotment ofNazul land, (a) the other land owned by or allotted to such individual is less than 67 square metres, or (b) the house owned by such individual is a plot of land which measures less than 67 square metres, or (c) the share ofsuch individual in any such other land or house measures less than 67 square metres, he may be allotted a plot of Nazul land in accordance with the other provision ofthese rules.

" 7. A bare reading ofthe Rule makes it clear that it applies only to Nazul land. Nowhere, it was the stand ofpresent appellant that the land in question was Nazul land. Therefore, the question ofapplying Rule-17 does not arise. 8. Additionally, Section 87 ofThe Delhi Co-operative Societies Act, 2003 also has some relevance. The same reads as follows: "87. Additional around for cessation of membership of cooperative housing society - Subject to the provision ofthis Act, in the case ofa co-operative housing society, aperson shall also cease to be a member of a co-operative society - (a) an disposing of the property through instrument ofpower of attorney and agreement for sale subject to the interest of the mortgage ifthere is any loan on the property; or (b)ifhe- (i) before becoming a member of a co-operative housing society, already owns, either in his own name or in the name ofhis spouse or any of his dependent children.

(ii) after becoming a member in a co-operative housing society, during the currency of such membership, till allotment ofany plot or flat to him, as the case may be, acquires either in his own name or in the name ofhis spouse or any ofhis dependent children, a residential property exceeding 66. 72 sq.

, metres in area, in any of the approved or unapproved colonies or other localities in Delhi either on lease hold basis or free hold basis or own power ofattorney or on agreement for sale basis: Provided that no person having residential property under this Section in the village abadi area in Delhi shall be disqualified: Provided further that no such disqualification shall be applicable in the case of a person who has acquired property on power ofattorney or through agreement for sale and on conversation of the property from leasehold to freehold on execution of conveyance deed for it, if such person applies for the membership ofthe co-operative housing society concerned: Provided also that no member shall earn disqualification in clause (b) above, if the residential Property devolves on his by way of inheritance. " > DELHI DEVELOPMENT AUTHORITY v. ARON LAL 533 9. The last proviso to Section 87 makes the position clear that it does not apply to a case of inheritance.

The undisputed position is that the property devolved on the respondent no. l by way ofinheritance. But it is not necessary to go into the question in the present dispute because there was no material placed before the High Court to justify the stand that Rule-17 had any application. 10. In view ofthe aforesaid, the High Court's view does not suffer from any infinnity to warrant interference. The appeal is devoid ofmerit and is dismissed but in the circumstances, without any order as to costs. S. K. S. Appeal dismissed.