Maharashtra Rajya Sahkari Sakkar ... vs State Of Maharashtra & Ors. Etc. Etc on 18 April, 1995
1. We have heard learned Counsel for the parties in these review applications. On 3.8.1999 during the course of hearing of these applications the following order was passed: Mr. Harish N. Salve, learned senior counsel appearing on behalf of the petitioner has drawn our attention to paragraph 10 of the impugned judgment (since reported in Angarki Coop. Housing society Ltd. v. State of Maharashtra and Ors. and has stated that the averments made therein are factually incorrect. He has specially drawn our attention to the following observations : ...We are of the view that even if the contention of Mr. Sibal is accepted the reasoning of the High Court would still be fully applicable in the facts of the present case. No authority from the Collector to the Chief Minister ever applied his mind to the requirement of Clause 11 of the Resolution. It was nobody's case that the plot was isolated or isolated procedure was to be followed. All the authorities /officers concerned were acting under the influence of Ranganathan and nobody was even conscious of Clause 11 of the Resolution or any other statutory provision. After giving our thoughtful consideration to the contentions raised by the learned Counsel for the parties, we are of the view that the High Court was justified in reaching the finding that there has been a patent violation of the provisions of Clause 1 of the Resolution. Only when there is an isolated plot, the question of following any isolated procedure in disposing of the plot would arise. In the present case, there was neither an isolated plot nor was any isolated procedure followed. What was done was wholly arbitrary and as such cannot be sustained. We see no ground to interfere with the findings of the High Court, quoted above, on the first point.,
It is pointed out that these observations are factually incorrect inasmuch as Clause 11 of the Resolution was considered by the Government at every stage when the application of the Society was processed. We direct the state Government of Maharashtra, the respondent No. 1, to file an affidavit in this regard annexing therewith all the relevant documents to indicate as to how the application of the society was dealt with and processed and whether Clause 11 of the Resolution was considered by the state Government. The affidavit may be filed within two weeks. All original records which were placed before the High Court shall also be placed before us....