LexPROPOSED VAIBHAV COOPERATIVE HOUSING SOCIETY LIMITED versus STATE OF MAHARASHTRA & ORS.
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[2024] 12 S.C.R. 732 : 2024 INSC 971 Proposed Vaibhav Cooperative Housing Society Limited v. State of Maharashtra & Ors. (Civil Appeal No. 5193 of 2024) 12 December 2024 [Sudhanshu Dhulia* and Ahsanuddin Amanullah, JJ.] Issue for Consideration Whether the allotment of the plot in favour of Medinova Regal Co-operative Housing Society (MRHS) was proper or violative of the procedure as well as eligibility criteria. Headnotes† Allotment of land – Co-operative Housing Society – The Division Bench of the High Court has dismissed the appellant’s writ petition and declined to interfere in the allotment of land by the Respondent-State to MRHS: Held: The entire history of how the plot came to be allotted to MRCHS shows nepotism and favouritism for a society which was not even eligible in the first place for this allotment – A perusal of the records shows that not a single member of the society, is a doctor at Tata Memorial Hospital – Leave aside a doctor, not one member is an employee of Tata Memorial Hospital which was the projection earlier and for which the plot was sought to be allotted – The composition of this society has also now completely changed from its original composition – If land is allotted under the discretionary powers of the government, then it is necessary to give reasons in writing as to why such allotment is made in favour of a particular society – Since there has to be transparency in matters of allotment of land by the government, adherence to the rules and regulations becomes important in the cases of allotment, but unfortunately, all this is completely missing in the present case where allotment was made in favour of MRCHS in total violation of the prescribed procedure – Also, MRCHS had applied for a different plot than what they were ultimately allotted – Nothing has been brought to notice of this * Author [2024] 12 S.C.R. 733 Proposed Vaibhav Cooperative Housing Society Limited v. State of Maharashtra & Ors. Court which would even remotely indicate that the plot actually allotted to MRCHS was ever sought by them – This by itself vitiates the entire allotment – Similarly, a perusal of the Letter of Intent as well as the Letter of Allotment does not disclose any reasons why MRCHS was allotted land under the discretionary quota – Non-disclosure of reasons shows that such an allotment is arbitrary – Thus, the allotment of the plot in favour of MRCHS is not proper, as it is violative of the procedure as well as eligibility criteria. [Paras 6, 7, 8, 12] Case Law Cited Angarki Coop. Housing Society Ltd. v. State of Maharashtra (1997) 9 SCC 713; S.V. Asgaonkar v. MMRDA [2018] 3 SCR 410 : (2018) 17 SCC 467 – referred to. List of Acts Land Revenue (Disposal of Government Land) Rules, Maharashtra, 1971 read with Government Regulations dated 09.07.1999. List of Keywords Allotment of land; Co-operative Housing Society; Violation of procedure; Change of composition; Discretionary powers of Government. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5193 of 2024 From the Judgment and Order dated 24.02.2012 of the High Court of Bombay in WP No. 928 of 2010 Appearances for Parties Vinay Navare, Sr. Adv., Prashant Shrikant Kenjale, Harish Nirbhavane, Advs. for the Appellant. Sanjay Kharde, Shyam Divan, Sr. Advs., Siddharth Dharmadhikari, Aaditya Aniruddha Pande, Bharat Bagla, Sourav Singh, Aditya Krishna, Ms. Preet S. Phanse, Adarsh Dubey, Sandeep Sudhakar Deshmukh, Nishant Sharma, Patil Avi Vilas, Advs. for the Respondents. 734 [2024] 12 S.C.R. Supreme Court Reports Judgment / Order of the Supreme Court Judgment Sudhanshu Dhulia, J. 1. The appellant has filed this appeal challenging judgement dated 24.02.2012, whereby a Division Bench of the High Court of Bombay has dismissed the appellant’s writ petition and declined to interfere in the allotment of land by the Respondent-State to Medinova Regal Co-operative Housing Society (hereinafter for brevity “MRCHS” or “Respondent No. 5”) 2. MRCHS is a proposed housing society and had applied, through its Chief Promoter Dr. C.N. Shenoy, to the Chief Minister of the State of Maharashtra for allotment of a plot bearing CTS No.629 Part D, E, F at Bandra on 11.10.2000. It was mentioned in their application that the members of applicant society work in Tata Memorial Centre, a leading hospital and research institute for cancer, and these members do not own any house, despite living in Maharashtra for th
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