Sheromani Sahkari Avas Samiti Limited & Anr Vs. State of U.P. & Ors
 INSC 23 (31
Rangnath Misra Rangnath Sawant, P.B. Ramaswamy, K.
1990 AIR 645 1990 SCR (1) 203 1990 SCC (1) 583 JT 1990 (1) 128 1990 SCALE (1)151
Acquisition Act, 1894: ss.4(1) & 17(1)--Land ac- quired by cooperative
housing societies prior to notifica- tion in favour of Ghaziabad Development
appellant cooperative societies consisting of 1739 low paid Government servants
had acquired certain land in Ghaziabad for
the purpose of providing residential accommo- dation to their members.
Subsequently, the said land was notified for acquisition under ss. 4(1) and
7(1) of the Land Acquisition Act for the Ghaziabad Development Authori- ty.
Representations made by the appellants under s. 5A of the Act were rejected.
writ petitions, filed under Article 226 of the Constitution, it was contended
for the appellant societies that the Development Authority constituted by the
State for the same purpose should not have been permitted to acquire the said
land to their prejudice, and that there was no justification for depriving them
of their right to represen- tation under s. 5A of the Act. The High Court
dismissed the writ petitions.
the appeals by special leave, the Court,
1. The members of the appellant societies should not be denied residential
accommodation for which they had taken effective steps before the acquisition
for the Ghazia- bad Development Authority was notified. [205G]
Keeping in view the number of eligible members, the total area which they had
acquired and entrusted to the societies for construction, the capacity of the
members to pay for the construction now charged by the Development Authority,
the need for planned development of the area and all other relevant facts, it
would be sufficient if each one of them was provided with an area of 80 sq.
yards. [205G-H; 206A] 204
High rise construction for the poor sections of the society would not be
convenient. If the double storey con- struction with an area of 80 sq. yards is
adopted about 20 acres of land, inclusive of land for laying of the roads and
other requirements contemplated under the development scheme, would be
necessary. For convenience and adjustment two more acres of land shall be made
available to the socie- ties to be shared by amicable adjustment by them. Thus,
from the acquisition notification 22 acres of land shall stand deleted and
shall be released inaccordance with the extent indicated for each of the
societies. The identification of the land to be so released shall be made
within four weeks from the date of pronouncement of the order by mutual ar- rangements.
The order of release bearing appropriate de- scription to follow and sketch
maps to be signed by the parties. [206D; 207C-E]
development charges for sewerage, electricity, road connections and the like
shall be provided to the Development Authority at the rate of Rs.100 per sq.
yard and internal development shall be done by the societies them- selves. In
raising the construction, the bye-laws and regu- lations of the Development
Authority shall be strictly followed, (207G)
APPELLATE JURISDICTION: Civil Appeal Nos. 992997 of 1990.
the Judgment and Order dated 30.8. 1988 of the Allahabad High Court in W.P. Nos. 12572 of 1984. 6512/85, 12574/84,
17966/180. 12152,84 and 12159 of 1984.
S.N. Misra, Rajinder Sachhar, Soli J. Sorabjee, V.M. Tarkunde, S.S. Ray, O.P. Rana,
Govind Muk- hoti, P.C. Kapur, B.P. Sahu, P.N. Misra, Krishna Pd., B.P. Singh,
A.K. Goel. J.M. Khanna, Ms. Shafali Khanna, S. Mar- kandeya, Ashok Sharma, G.S.
Gift Rao, Mrs. C. Markandeya, W.A. Nomani, G. Seshagiri, S.K. Mehta, Aman Vachher,
Atul Nanda, N.D. Tyagi, Raju Ramachandran, D. Pillai, Raja Ram Agarwal, Sanjay Parekh,
S.N. Mira and A.K. Goel for the appearing parties.
Judgment of the Court was delivered by RANGANATH MISRA, J. We have heard
counsel for the par- ties at considerable length but piece meal spread over a
number of days. Special Leave granted 205 Five cooperative societies with
membership of Government servants mostly of' the lower strata filed six
separate writ petitions before the Allahabad High Court challenging the Notification
under section 4(1) and section 17(1) of the Land Acquisition Act (1 of 1894) on
several grounds. The principal contentions before the High Court were two-fold:
the cooperative societies consisting Of the low paid Government servants having
acquired the land for the purpose of providing residential accommodation to
their members, the Ghaziabad Development Authority constituted by the State of
Uttar Pradesh for the same purpose should not have been permitted to acquire
the said land to their prejudice; and (2) there was no justification for
depriving the petitioners of their right to representation under section 5A of
the Acquisition Act in the facts and circumstances of the case.
High Court by a common judgment dated 30th August, 1988, dismissed the writ petitions by negativing
the several contentions raised on behalf of the petitioners. It may be pointed
out that on behalf of the Neelam Sahakari Awas Samiti Ltd. two writ petitions
were filed while each of the other four societies had filed one writ petition.
That is how six Special Leave Petitions were filed before this Court and have
now been converted into appeals on grant of leave.
within the State of Uttar Pradesh, virtually bordering Delhi is located at a
distance of 28 kilometers from the New Delhi Railway Station in the trans Jamuna
of late become, apart from being a Railway junction,.
industrial area as also an agglomeration sufficiently developed to call it a
township. A Master Plan has been drawn up for the area and some portions have
been developed while the lands of the five cooperative societies have not yet
been improved on account of the pendency of this group of cases.
course of the hearing of these appeals we were satis- fied about the genuineness
of the grievance advanced on behalf of the members through their respective
cooperative societies and took the view that the members of the coopera- tive
societies should not be denied residential accommoda- tion for which they had
taken effective steps before the acquisition for the Development authority was
notified. We took into consideration the total number of members as also the
number of eligible members; the total area which the members had acquired and
entrusted to the cooperative socie- ties for construction; the capacity of the
members to pay for the construction now charged by the Development authori- ty;
the need of planned development of the area.; and all other relevant facts and
circumstances placed by all the parties before 206 us and formed the opinion
that it would be sufficient to meet the requirement of members of these
societies if each one of them was provided with a plot limited to an area of 80
members entitled to allotment are 1739. Whether it should be individual plots
or double storeyed construction should be permitted was seriously debated
before us but we have come to the ultimate conclusion that instead of single
storey construction double storey constructions would be convenient and
economical. The interest of the members represented by their respective
cooperative societies and the nature of the housing complex contemplated by the
Devel- opment authority have to be kept in view and the ultimate decision,
keeping the interest of both, has to be taken.
for the Development authority had canvassed before us that instead of confining
construction of flats to two storeys, the normal pattern of five or six storeys
could be adopted. High-rise construction for the poor section of the society
would not be convenient--in old age many would have movement problem; many of
the necessities for living would be difficult to secure. We have, therefore,
decided that the construction must be confined to two storeys only and the
members of their respective societies shall make their own adjustment of the
ground floor and 1st floor allotments.
20 acres of land would be necessary if the double storey construction with an
area of 80 square yards is adopted. Society-wise particulars are provided
Name of cooperative Total members Area society entitled to in acres allotment
Karamchari Evam 230 2.54 Mitregan Sahakari Awas Samiti Ltd.
Karamchari Evam 523 5.77 Mitregan Sahakari Awas Samiti Ltd.
3. Ghaziabad Shiromani 298 3.29 Sahakari Awas Samiti
Sahakari Awas 245 2.70 Samiti Ltd.
Pushpa Vihar Sahakari 443 4.87 Awas Samiti Ltd.
19.17 Members entitled 1739 Total area 19.17 acres (rounded to 20 acres) This
area of 20 acres is inclusive of land for laying of the roads and other
requirements contemplated under the development scheme. For convenience and
adjustment we are of the view that two more acres of land be made available to
the five cooperative societies to be shared by amicable adjustment by them.
Thus from the acquisition Notification 22 acres of land shall stand deleted and
shall be released in accordance with the extent indicated for each of the five
cooperative societies. The identification of the land to be so released shall
be made within four weeks from the date of pronouncement of the order by mutual
arrangement. We direct that when the land shall be so identified, the order of
release from acquisition by appropriate description of the land shall be made;
sketch maps showing the identified land shall also be signed by parties to
avoid future litigation and made over to each of the societies.
commend that all the five cooperative societies may form themselves into a
federation for the purpose of ensur- ing appropriate development of the area
and sharing either in common or by division the 2.83 acres of extra land which
is directed to be released from acquisition.
been agreed that development charges for sewer- age, electricity, road
connections and the like shall be provided by the Development authority @ Rs.
100 per square yards and internal development shall be done by the socie- ties
themselves. In raising the construction, the bye-laws and regulations of the
Development authority shall be strictly followed. We hope and trust that the
Development authority shall extend its cooperation in every manner to the
societies to effectuate the directions made by us. We look forward to the
fulfillment of the dreams of each of the members of the society in the matter
of having a residential accommodation.
soon as the lands are identified and sketch maps are delivered as directed
above the interim orders made by this Court shall stand dissolved.
appeals are disposed of without any order for costs.