& Ors Vs. Navyavak Harijan Uthapan Hulti  INSC 551 (7 July 1997)
RAMASWAMY, D.P. WADHWA
O R D
E R Pursuant to the direction issued by this Court on April 12, 1996 in J.P Ravidas & Ors. vs Navyavak
Haruan Uthapan Multi Unit Industrial Cooperative Societies Ltd. & Ors.
9 SCC 800], the registrar of the cooperative society made an enquiry into the
eligibility of the person to whom the allotments have been made by the builder
in contravention of the original directions issued by the Government while
allotting the Government land. It is clearly established from the report that
the builder has grossly violated the regulation of allotment of the flats to
the non-Delit members. This ultimate finding recorded by the Registrar is that
40 non-dalit members are in the possession of the flats contrary to the
regulation and accordingly he directed the Administrator to eject those person
and allot these flats to the Dalit members in accordance therewith. We find
that the report is correct.
to Shri Harish Salve, learned counsel for the employees of the Municipal
Corporation they are entitled to allotment of the flats in the building
constructed by the society. The Registrar is not right in cancelling these
allotments. Shri R.S. Masodkar, learned counsel for the State, in fairness, has
stated that the view taken by the Registrar is not correct to the reservation
as per the Regulation. It should be determined by the Registrar and to that
extent the allotment made to the Corporation's employees is directed to be regularised.
This is out of general category. The 40 non-dalits allotees will go. As regards
the Dalit members, the direction given is perfectly valid and warrants no
application for clarification has been filed by the Society stating that the
management has not handed over the possession of the flats to the appellants:
instead the administrator has been appointed.
view of these facts and circumstances, we direct that the administrator should
take necessary steps to have all these 40 persons named in the report of the
registrar ejected. 40 Dalit eligible members should be admitted and flats
allotted to them . Thereafter, he is directed to hand over the management to
the Navyuvak Harijan Uchapan Multi Unit Industrial Coop. Society. The
application is accordingly disposed of.
Registrar of the Cooperative Society is directed to oversee the actions taken
by the Administrator in ejecting the person in possession in alloting 40 flats
to the Dalits members; in collecting the amount from them handling over the
amount to the non-dalits who are dispossessed from the building.