2006 (2) TMI 638

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.... The factual background in a nutshell is as follows: The Indore Development Authority (hereinafter referred to as the 'Authority') adopted certain guidelines allowing the Housing Co-operative Societies to utilize the land owned by them by making plots for construction of houses for the benefit of their members. The relevant guidelines contained in the Circular dated 31.1.1986 are as follows: "(1) Only those societies shall be taken into consideration which have got themselves registered as per the law by purchasing the land prior to the publication of the Declaration of Section 50(2) of the Authority in respect of the scheme. (2) Those societies will also be taken into consideration which have got themselves ....

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....nterested societies applied to the Authority on 9.11.1987 and 28.12.1987. The Authority called upon the appellant to furnish certain details. By order of the Authority dated 1.10.1993 the benefit was declined. It was also noted by the High Court that the Circular in question dated 31.1.1986 was withdrawn by resolution No.93 dated 14.5.1993. Though a stand was taken by the appellant that certain other societies similarly situated were granted the benefit, the High Court noted that they stood on a different footing. Learned Single Judge noted that the appellant was not the owner of the land and it only claimed to be the potential purchaser having purportedly entered into certain agreements. That being so, it was held that the appellant had no....

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....adesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (in short the 'Adhiniyam'). Stand of the learned counsel for the appellant that what was mandatory was the registration and not the ownership of the land is clearly untenable. The conditions are cumulative i.e. (a) the society has to be registered; and (b) it must purchase the land prior to the publication of Declaration of Section 50(2) of the Authority in respect of the scheme. The second condition was admittedly not fulfilled. Clause 3 is also relevant. It provides that it will be mandatory for the society for availing the benefit of the scheme to hand over a vacant and peaceful possession of the concerned land to the Authority while entering into an advance agreement with the Authori....