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1 - 4 of 4 (0.41 seconds)The Consumer Protection Act, 1986
The Atam Nagar Co-Operative House ... vs State Of Punjab And Ors. on 12 January, 1979
6. On merits, it was admitted by the Society that the Trust had allotted 296
plots vide their letter No.11308 dated 3.2.1983 and on its basis the Society
had passed onward allotment letter to the complainant vide letter dated
14.2.1983. Therefore, the Society acted only like a post office. It was also
pleaded that the Society had purchased the land. It was acquired by the
Trust. The Society had filed Civil Writ Petition No.3577 of 1978 (The
Atam Nagar Co-operative House Building Society Ltd. v. State of Punjab
and others) in which the Society sought exemption of the acquired land
from acquisition. In the said writ petition, the Hon'ble Punjab and Haryana
High Court vide order dated 12.1.1979 had directed the Trust to exempt the
land and allot plots to the Society. The Trust were further directed to refer
First Appeal No.1176 of 2000. 5
the matter to the State Government for exemption of land. The Trust had
filed an appeal against the said judgment. It was dismissed. They had also
filed Special Leave Petition No.2734 of 1979 which was decided on
20.8.1979. Vide this order the Society was directed to apply to the Trust
for allotment of plots. Consequently on the basis of these judgments the
Trust referred the matter to the State Government on 12.3.1982. This land
owned by the Society was accordingly exempted by the Punjab
Government vide letter dated 21.9.1982. The Trust passed resolution
No.651 dated 29.1.1983 vide which it resolved to allot 296 plots of
different sizes with a total area of 50250 sq. yards to the Society for its
Members which was 50% of the total area of the acquired land measuring
100508 sq. yards. In fact the land exempted was allotted in the shape of
plots vide allotment letter No.11308 dated 3.2.1983 to the Society for
further allotment to its members. The allotment of these plots was made by
the Trust. Therefore, the possession and demarcation was also to be given
by the Trust. The Society had allotted these numbers to its members in
consequence of the allotment letter dated 3.2.1983 issued by the Trust. The
complainant was also allotted the plot by the Trust. Where the possession
of the original plots could not be given by the Trust, alternative plots were
given.
Waryam Singh vs Punjab State And Ors. on 11 October, 1965
In order to strengthen this plea, the Trust in the said affidavit dated
14.4.2008 also deposed that the private co-owners of the Society in khasra
Nos.70, 71, 72 and 73 had filed Civil Writ Petition No.6361 of 1975
(Waryam Singh and others vs. the State of Punjab and others) in the
Hon'ble High Court of Punjab and Haryana to challenge the acquisition of
their land. Hon'ble High Court had directed the Trust vide order dated
2.2.1982 to reconsider this matter. The Trust had filed LPA No.640 of
1982 but without success. Ultimately the land owned by the co-owners was
abandoned by the Trust from acquisition. Since the Society had failed to
get its share partitioned from the private co-owners and since the share in
the land owned by the private owners was also abandoned in pursuance of
the judgments of the Hon'ble High Court/Supreme Court, therefore, the
Society had failed to deliver the possession of the land of their share in
these khasra numbers.
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