Charanjit Singh And ORS v. Ut Of Chandigarh And ORS
SUDHIR MAHAJAN !! "# UNION TERRITORY OF CHANDIGARH AND OTHERS .
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( K.L. GUPTA AND OTHERS !! "# UNION TERRITORY OF CHANDIGARH AND OTHERS
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( CHARANJIT SINGH AND OTHERS !! "# UNION TERRITORY OF CHANDIGARH AND OTHERS
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-%LPA No. 1175 of 2010 2
3Sudhir Mahajan 4 Union Territory of Chandigarh and Others 2"
3 K.L. Gupta and others 4 Union Territory of Chandigarh and Others ()2&
3Charanjit Singh and others 4 Union Territory of Chandigarh and Others5
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(21) The society shall allot the dwelling units to its eligible members, (category wise) as per list enclosed. A copy of allotment
letter issued to each member (as mentioned in the list attached) shall be sent to the Chief Executive Officer, Chandigarh Housing Board and Registrar, Coop. Societies. If the dwelling unit is allotted to some other person, whose name does not include in the enclosed list, the allotment of that dwelling unit shall be cancelled, and the earnest money so deposited shall be forfeited. However, substitution of members as per prescribed policy/procedure with the prior approval of the Registrar, Cooperative Societies, U.T., Chandigarh may be allowed subject to fulfillment of the eligibility conditions under the scheme called "The Chandigarh Allotment of Land to Cooperative House Building Societies Scheme, 1991."
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-!89!: - A society may be considered eligible for allotment of land if it is duly registered with the Registrar, Cooperative Societies, Union Territory, Chandigarh functioning properly having sufficient funds/resources to pay the premium, to undertake the construction work, to complete it in a stipulated period, and that each of its members fulfils the following conditions:>
(i) He is a bona fide resident of the Union Territory of Chandigarh and should be residing in Union Territory, Chandigarh atleast for last two years on the date of the allotment of land to the Society; (ii)He is an employee of the Central Government/Corporation owned or controlled by Central Government stationed at Chandigarh on the date of notification of Scheme or has served in the past at Chandigarh, or (iii)He is an employee of Union Territory Administration or the States of Punjab and Haryana or any Corporation owned or controlled by Union Territory or State Governments referred to above and is either serving at Chandigarh on the date of notification of the Scheme or has served in the past; or (iv) He is a retired from the Government or Corporation referred to at (ii) and (iii) above and residing at Chandigarh. An applicant member may be eligible for allotment of dwelling unit in accordance with his monthly income i.e. one dwelling unit out of the dwelling units constructed per acre, as per category given below:> [(A) (1) 25 Dwelling Units per acre Category "A"
(2) 25 Dwelling Units per acre Category "B"
(3) 45 Dwelling Units per acre Category "C"
The density shall not in total exceed 40% of the covered area)] (B) Income Group Category for which eligible Members having monthly income of Rs. 5,001 and above "A" Members having monthly income of Rs. 2,001 to 5,000 "B"
Members having monthly income upto Rs. 2,000 "C"
Provided that no society shall be eligible for allotment of a site under this Scheme if any of its members, their spouses or dependent children already owns, either on free>hold, lease>hold or hire purchase basis, a dwelling unit or a residential house/site/flat at Chandigarh, Manimajra, Panchkula and S.A.S.
Nagar (Mohali):
ber of any such Society and not more than one dwelling unit shall be allotted to one family Provided further that not more than one member of a family shall be a member of any such Society and not more than one dwelling unit shall be allotted to one family:
Provided further that no individual/Society shall part with the possession of the land or dwelling unit before the expiry of atleast 5 years from the date of allotment.
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-"' >In the event of default and non> compliance of any of the conditions of allotment as contained herein, the site and the building erected thereon shall be resumed/cancelled and the whole or part of the amount paid to the Chandigarh Administration towards the price of the site will be forfeited in accordance with the provisions of the Capital of Punjab (Development and Regulation) Act, 1952." 9" >the terms and conditions of the allotment letter shall be in addition to the provisions of the Capital of Punjab (Development & Regulation) Act, 1952, the Chandigarh (Sale of sites and Building) Rules, 1960 and the provisions of Čhandigarh
allotment of land to Cooperative House Building Societies Scheme, 1991 which shall be binding on the Society."
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<% / 9 9 -) >< %% - -?: "You are hereby informed that the allotment of a flat surrendered by an eligible member may be made to the senior most eligible member of the Society enrolled before 31.10 1990. In case no willing and eligible member enrolled before 31.10.1990 is available, then fresh enrollment may be undertaken as per bye>laws of the Society and the case for substitution may be sent to this office for clearance.
You are advised to act accordingly."
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>In this regard the Managing Committee would be competent to substitute the members by inviting the applications from the public through public notice.
The General Body further decided that the Managing Committee would substitute the members through public notice if no decision/guide lines are intimated by the Registrar Cooperative Societies by 15th Dec. 2004. No substitution has been done by the Society so far."
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"##& 19 : "Notice Few seats are available for substitution from open market against surrendered dwelling units in ongoing project. Persons willing may contact the Society office on or before 22.12.2003 personally for completing related formalities on 1st come 1st serve basis."
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% % 9 B %; 9 % : "A copy of the above is forwarded to the President, Progressing Cooperative House Building First Society Ltd., Plot No. 2, Sector 50>B, Chandigarh for information and with the direction not to substitute till the policy framed by the Chandigarh Administration."
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# "##+ 9 -) >%% - -?: "It has been observed that certain Coop/H/B Society Ltd. are making substitution of members/transfer of shares whereas the policy of substitution is yet to be framed by the Chandigarh Administration. Till the policy in framed and conveyed to the individual societies, no substitution shall be made. Failure to comply with the directions the entire responsibility will lie with the Managing Committee of the respective society."
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<% 9 -) >/( 9%B %? "In this connection you are directed vide this office Memo No. Coop/HB/K> 38/6929>30 dated 18.12.2003 not to make any substitution till the finalization of substitution policy. However, you are advised to file the arbitration case before the competent authority rather to expel the members the case sent for substitution is rejected."
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"# % : i) That the claim of the petitioner>appellant for becoming substituted member is rejected;
3 That respondent No. 8 is permitted to proceed in accordance with 1991 Rules. Accordingly, it is has to first offer allotment to the old members if any dwelling unit/flat on account of surrender becomes available then a notice be issued by publishing the same in daily English newspaper like The Tribune and notice be also issued in a daily newspaper of Hindi language. The applications then shall be considered in accordance with Rules 1 (%-9 ) -9 9 2<3
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- : >From the plain reading of the impugned judgment, we find that the Division Bench while noticing the argument advanced by the parties without giving any reason dispose of the appeal with the directions aforesaid. In view of the fact that judgment in
question lacks reasoning, we have no option but to set aside the impugned judgment and remit the case back to the Division Bench for its decision on merit. We ordered accordingly. Parties should co>operate the Court to ensure that the latter patent appeal is decided on an early date.
The appeal stands disposed of with aforesaid observations. In view of the order passed above, no order is passed in the application for impleadment. Applicant may move such application before the High Court."
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# "# ! % - : The application is on behalf of Shri Vinod Kumar Sharma seeking his impleadment as a respondent in the letters patent appeal for the reason that he is a boa fide member of the Society and has a right of allotment of a dwelling unit. It is the stand of the applicant that similar application remained undecided when the matter was decided by the Letters Patent Bench on 14.11.2011. In SLP, the applicant has sought impleadment, which matter stands remanded to this Court for fresh adjudication. Since there is dispute regarding membership of a Cooperative Society and consequential allotment of a dwelling unit, we deem it appropriate to allow the present application and implead Shri Vinod Kumar Sharma as respondent No.9. The appellant shall be entitled to file any counter affidavit if the
appellant considers it necessary in the facts and circumstances of the case.
CM applications stand disposed of."
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CM stands disposed of"
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Sr.
No.
Substituted Member Discrepancies in the application Apparent relation with the member of the last Executive Committee Name of member of the Executive Committee Darshana Devi 'A' Category Affidavit substituted on 04.05.2004 Charanjit Singh 'B' Category No affidavit given till date Ranbir Datt 'A' Category 1. Affidavit not as per requirement.
2. Not specifically asked for 'A'
category.
3. Salary certificate and other documents of 2004 only Senior Divisional Harish Khanna, Agent, LIC 1. Affidavit not as per requirement.
2. Employment certificate 19.12.2003.
K.L. Gupta 'B' Category Branch Manager, LIC.
Harish Khanna, Agent, LIC 1. Affidavit not as per requirement.
2. Salary certificate dated 24.04.2003 showing his posting at Nangal.
Sudhir K.
Mahajan 'B' Category LIC Officer Harish Khanna, Agent, LIC 1. Affidavit not as per requirement.
LIC Officer Harish Khanna, Agent, LIC Shashi Bala 'B' Category Related to Last Executive Member Sh. R.K.
Bansal, Cashier.
C.L. Mohal 'A' Category 1. Affidavit not as per requirement.
2. Other documents of 2004 only.
3. Enrolment letter in his case is of 17.12.2003 whereas in all other cases the enrolment letter is of 18.12.2003.
4. As per information supplied by the Public Information Officer, Punjab and Haryana High Court vide letter dated 11.10.2010 (copy annexed R>3) he owned a plot measuring 209 sq. mt. in Section 26, HUDA, Panchkula and as such was not even eligible to become a member of the society.
Chaitanya Sharma 'B' Category CJM Chandigarh in 2003 and one Executive Member was directly working under him.
Sh. Sukhdev Lal, Reader to CJM, Chandigarh, General Secretary of the last Executive Committee of the Society.
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I Sudhir Kumar Mahajan S/o Sh. B.R. Mahajan hereby solemnly affirm and declare as under:
1. That I have no residential plot/house in Chandigarh, Mohali, Pkl.
2. That I am residing in Chandigarh for the last more than 3 years.
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"the petitioner did not swear affidavit on the above lines and hence allotment of flat to such a person might render the whole society ineligible for allotment of a plot. Copy of the affidavit filed by petitioner is attached as Annexure R>2." ( 9- %%<
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<%: "The matter has been examined and it has been decided that after allotment of land to the societies, some of the members withdrew, surrendered their shares and also some dwelling units have become available due to expulsion, cancellation for default in payment etc. and the said dwelling units are unallotted. For this purpose the substitution issue was discussed in detail and it was decided that the Cooperative House Building Societies may take their own substitution decisions in their General Bodies, provided such decisions are consistent with:> 1. The provisions of the Cooperative act and rules framed thereunder.
2. Articles of associations /Bye>laws of the said Cooperative House Building Society;
3. The terms and conditions of allotment of land to the society." $ - / ( 9 9 - % 9 <" -
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"##&- % -9/( 9- "the General Body further decided that the Managing Committee would substitute the members through public notice if no decision/guidelines are intimated by the Registrar Cooperative Societies by 15.12.2004." $ - * "
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A09 Whether speaking / reasoned :
Yes / No Whether Reportable :
Yes / No