Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Delhi Development Authority (Disposal of Developed Nazul |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land Laws:Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981; R.17:Allotment of Land - Son of deceased member of a Society entered into membership of the Society - Applicability of r.17 - Held: R.17 of 1981 Rules regarding general restrictions to allotment of land for residential purpose 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 of r.17 - Hence, the question of applying r.17 to restrict allotment of land in favour of son of the deceased does not arise - Delhi Co-operative Societies Act, 2005 - Section 87. Father of respondent No.1 was a member of the Society. He was entitled to be included in the draw of lots for allotment of land. However, before any allotment of land was done, he died. The Managing Committee of the Society adopted a resolution transferring the membership of the father to respondent No.1. Thereafter, he applied to the Registrar of Cooperative Societies for inclusion of his name in the draw of lots 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 of lots for allotment of plot would be issued immediately. The High Court disposed of the Petition holding that the membership of a society and eligibility for a plot are entirely independent issues; that merely because respondent No.1 was having another plot in his name, he cannot be made ineligible for allotment of a 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 of Rule 17 has been lost sight of by the High Court.Respondent No. 1 submitted that Rule 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. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1178 |
Petitioner | Delhi Development Authorlty |
Respondent | Arun Lal Satija And Ors. |
SCR | [2007] 12 S.C.R. 527 |
Judgement Date | 2007-11-23 |
Case Number | 5373 |
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