Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Art. 142 Allotment of plot ss. 55 and 56 1961 entitled to possession Punjab Co-operative Societies Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Punjab Co-operative Societies Act, 1961 (25 of 1961) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | 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. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 535 |
Petitioner | Nisha Singla |
Respondent | Adarsh Colony Cooperative House Building Society Ltd. & Ors. |
SCR | [2019] 6 S.C.R. 121 |
Judgement Date | 2019-04-16 |
Case Number | 3963 |
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