Haridwar Sahkari Grih Nirman Samiti Limited vs Rajeev Lochan Sharma

Sudhanshu Dhulia, J

The petitioner before this Court is a housing society, namely, Haridwar Sahkari Grih Nirman Samiti Limited and the respondent is the member of the said society.

The land in question was allotted by the Housing Society to the respondent way back in the year 1987 but he did not receive the land at the relevant time and made a claim only in the year 1996. The matter went before the Arbitrator. The Arbitrator vide order dated 11.10.2000 gave the award that the price of the land be determined on the basis of price rise index of Income Tax Department, which shall be verified by the Deputy Commissioner, Avas, U.P. Avas & Vikas Parishad, Lucknow.

Meanwhile, since the creation of the State of Uttarakhand, the confusion arose as to whether the Deputy Commissioner, Avas, U.P. Avas & Vikas Parishad, Lucknow is competent to take a decision on it.

Subsequently the respondent moved an application before the Executing Court, which was registered as Execution Case No.18 of 2001. The respondent also moved two applications i.e. Application No.55C2 and 57C. The application 55C2 was move by the respondent with the prayer that the Deputy Registrar, Co-operative Societies, be asked to accord the approval regarding the price of land. Application No.57C was moved by the respondent with the prayer that he is ready to deposit the entire amount and hence there is no need for any approval of the authorities regarding price of land. The Executing Court vide its order dated 02.01.2009 dismissed the application no.55C2 and allowed the application 57C. Aggrieved the petitioner filed a revision, which was also dismissed by the revisional court vide order dated 28.05.2012. Hence, the present writ petition before this Court.

It is not the case where the respondent is being denied the plot, by the Housing Society. The only dispute is as to what rate it has to be given. Definitely it should be given at reasonable rate and at the determination fixed by the Arbitrator, which is on the basis of the cost inflation index to be determined by the Deputy Commissioner. What has also to be seen is also that the respondent raised a belated claim on the plot in 1996, although it was allotted to him in the year 1987.

With the consent of both the parties and considering the fact that the Uttarakhand has its own Uttarakhand Avas Vikas Parishad, the matter is sent to the Uttarakhand Avas Vikas Parishad, which shall look into the matter.

Let it be decided by the Uttarakhand Avas Vikas Parishad in accordance with law. Since the earlier orders were for Deputy Commissioner, let it be decided by the Deputy Commissioner of the Parishad and in case there is a Commissioner, let the matter be decided by the Commissioner, as expeditiously as possible, in accordance with law.

With the observations as above, the writ petition stands disposed.