Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Co-operative Societies - Two Co-operative Housing Societies (CGHS) 'B' and 'S' placed under liquidation for not complying with directions of Registrar of Co-operative Societies (RCS) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Co-operative Societies - Two Co-operative Housing Societies (CGHS) 'B' and 'S' placed under liquidation for not complying with directions of Registrar of Co-operative Societies (RCS) - Revival applications for revival of both the societies filed by persons not concerned with the societies - List of members of 'B' approved for allotment of land by appellant-DDA - Though the land was allotted provisionally by DDA but was not handed over to 'B ' - Writ petition by 'B' seeking direction to DDA to allot land to 'B ' - Writ allowed - LPA by DDA, disposed of directing verification of members either by DDA or RCS and thereafter possession of land be handed over to 'B' - Direction not complied with by DDA as 'B :S records were with CBI because of direction by High Court in relation to another CGHS wherein CBI stated that chargesheets have been filed against some office bearers of 'B' as well as 'S' - Another writ petition by 'B 'praying for directions to DDA to handover possession of the plot pursuant to directions in aforesaid LPA - High Court directed DDA to process B :S case for allotment - Further, in case of 'S' also land provisionally allotted but not handed over - Writ petition by 'S', disposed of by High Court directing possession of allotted plot to 'S' - Plea of appellant that revival of societies was a fraudulent act and that the memberships of the societies were not genuine - On appeal, held: It is more than apparent that the builder mafia G was instrumental in getting the societies revived -After an investigation by CBI, triable cases have been made out against the office bearers of both 'B' and 'S' and some officials of RCS - The move of the revival of both the Societies was started by persons who were not even members or promoters of the original society- Thus, the very revival of the -Societies was illegal and the memberships are not genuine - However, there may be some members of the Societies who have A been duped by the promoters - DDA directed to refund the money deposited to the Societies along with interest @10% p.a w.e.f the date when the money was deposited with the DDA - Societies in turn to return the amount so deposited by the members along with interest to obviate the hardships of genuine members. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2017 INSC 353 |
Petitioner | Delhi Development Authority |
Respondent | Bankmens Co-operative Group Housing Society Ltd. & Ors. |
SCR | [2017] 6 S.C.R. 616 |
Judgement Date | 2017-04-17 |
Case Number | 6805 |
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