Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Modern Cooperative Group Housing Society order not complied contempt adjustment against the unallotted flats Expulsion of 27 members |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Right to Information Act, 2005 (22 of 2005) |
Case Type | Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Cooperative Society – Modern Cooperative Group Housing Society had approved strength of 211 members – 27 members were expelled including the present contempt petitioners – 15 new members including the alleged contemnors were inducted against the vacancies – Expulsion of those 27 members was challenged and finally Supreme Court accepted their claim and directed their adjustment against the unallotted flats – Newly inducted members including the alleged contemnors approached Supreme Court – Directed to move the Administrator/Registrar,Cooperative Societies – Registrar, Cooperative Societies vide order dtd. 24.02.12 set aside the allotment of flats to them and directed re-admission of 14 persons as members of the Society – Order challenged before the High Court – Rejected – Special leave petitions dismissed by Supreme Court, however liberty granted to the petitioners to file undertakings to vacate the apartments in their occupation – Undertakings filed – Present contempt petitions filed alleging that despite undertakings the alleged contemnors failed to vacate the apartments in question – Order passed by Supreme Court on 10.01.19 – Affidavits filed by the alleged contemnors indicating their willingness to deposit Rs.30 lakhs, for construction of a new building in the society, as stated in the said order – Held: Contemnors violated the orders passed by Supreme Court as despite having furnished the undertakings they failed to vacate and hand over possession – But there are certain equities in their favour – They were inducted as members not clandestinely but against the resultant vacancies after expulsion of certain members, they paid all the instalments in time, on the basis of such instalments paid by the members including the alleged contemnors, the construction was completed and they were put in possession of the apartments soon thereafter –In view of the reports made by the Architect a new building can be constructed with 18 apartments– Alleged contemnors to vacate their respective apartments – Apartments so vacated be allotted to those persons who were directed to be re-admitted as members in order dtd. 24.02.12 – Each of the alleged contemnors, if he or she desires to have a new apartment in the newly erected building, shall deposit Rs.10 lakhs with the Administrator,Cooperative Societies – Further directions passed. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2019 INSC 653 |
Petitioner | Sant Lal Gupta & Ors. |
Respondent | Umesh Kumar Jain & Ors. |
SCR | [2019] 7 S.C.R. 506 |
Judgement Date | 2019-05-08 |
Case Number | 1505 |
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