Pt.Chet Ram Vashist vs Municipal Corporation Of Delhi on 26 October, 1994
7. The material point of determination is, whether the 4th respondent, has violated the by-laws of the society as well as the Tamil Nadu Co-operative Societies Act and Rules, as alleged by the petitioner. It is the specific case of the petitioner that the Special Officer has sold the plot earmarked for public purposes viz., community and recreation purposes. Therefore, the petitioner has filed a representation to the Registrar, to conduct an enquiry and to cancel the allotment and the sale deed executed to the 4th respondent. These allegations has not been properly considered by the second respondent, at the time of passing of the orders. The Special Officer has already violated the procedures as contemplated in the by-laws and the Acts and Rules and has sold the plots earmarked for public purposes. According to the learned counsel for the petitioner, in the light of the Full Bench judgment of the Hon'ble Supreme Court in Pt.Chet Ram Vashist vs Municipal Corporation Of Delhi, reported in 1995 (1) SCC 47, the land reserved for public purpose cannot be converted into saleable plots. Further, in the case of Latif Estate Line India Ltd., the Registrar of Co-operative Societies does not have any jurisdiction to cancel the sale deed and the petitioner has to approach the Civil Court for cancellation of the sale deed.