2015 (2) TMI 334

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....ef facts are as under: 2 Petitioner No.1 - Society was constituted in the year 1962. It is a tenant ownership society. Plot No.3 of partI of the Society was initially alloted to one Shri J.V. Thakker. In October 1986, said Shri Thakker applied to the society for transfer of the said plot in the name of Rekhaben Champaklal Sheth. 3 It appears that against said Rekhaben Champaklal Sheth, the authority under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 ('SAFEMA', for short) instituted proceedings for forfeiture of her property. The competent authority passed an order on 22.03.1988 forfeiting Rekhaben's said plot. Rekhaben surrendered the said plot to the competent authority on 30.06.1988. 4....

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....rnment, and therefore the request of the competent authority for joining the Central Government as member of the Cooperative Society cannot be accepted. 7 The concept of dual ownership in case of Cooperative Housing Society is well known concept, and has been recognized over a long period of time. The Society continues to be the owner of the land allotted to a member who is authorized to put up superstructure for his residential use. However, it would be incorrect to suggest that the member is the owner of the superstructure and has no further rights. The membership in a Cooperative Housing Society comes with a bundle of rights and liabilities. The member as long as he continues in the said capacity and abides by the byelaws of the societ....

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.... property and to recover the sale proceeds. On the other hand, the Society has in the said affidavit in-rejoinder as well as through the counsel before the Court made it clear that if any individual member applies for membership of the society, who is otherwise qualified under the byelaws and agrees to abide by the byelaws of the society, the society would have no objection, subject to clearance of legal dues of the Society, to make him a member of the society, and transferring the plot in his name. 10 Under these circumstances, petition is disposed of with the following directions: (1) It would be open for the respondents and particularly, Respondent No.1 to identify the intending purchaser of the plot in question by assuring highest pos....