CWP No.23242 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.23242 of 2010 (O&M) Date of Decision: 08.03.2011 **** Punjab State High Court Lawyers Cooperative House Building Society Ltd. . . . . Petitioner VS. Greater Mohali Area Development Authority & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Kanwaljit Singh, Senior Advocate; Mr. Sarjit Singh, Senior Advocate; Mr. MS Cheema, Advocate; Mr. Ashwani Prashar, Advocate; Mr. Vikas Singh, Advocate for the PETITIONERS Mr. H.S. Brar, Advocate; Mr. Shekhar Verma, Advocate for GMADA ***** SURYA KANT J. (ORAL) (1). This order shall dispose of CWP Nos.23242 & 23521 of 2010; 30, 71, 69, 240, 245, 430 & 2097 of 2011 as issues involved in these petitions are common in nature. However, order is being passed in CWP No.23242 of 2010. (2). These writ petitions have been filed by the Punjab State High Court Lawyers’ Co-operative House Building Society Ltd. and various other Cooperative House CWP No.23242 of 2010.doc - 2 – Building Socities which are registered with the Registrar, Cooperative Societies, Punjab. They are aggrieved at somewhat similar worded orders like dated 14.12.2010 (Annexure P18) whereby the respondent- GMADA has laid down a new policy for the allotment of land to the petitioner-Societies and to the extent it permits the ‘change of membership’ only within the family and has refused to recognize the change of membership even if permitted by the Registrar, Cooperative Societies. The petitioner-Societies are also aggrieved by the fact that the impugned policy does not permit them to increase the total ‘dwelling units’. (3). The respondents have filed their replies today in Court which are taken on record. (4). Learned counsel for the parties have been heard at some length and the records perused. (5). It is not disputed on behalf of the GMADA that some of the petitioner-Societies have increased their membership with the prior approval of the Registrar Cooperative Societies who is the ‘Competent Authority’ under the Punjab Cooperative Societies Act, 1961. There is also no quarrel with the fact that once a residential site is allotted to a Cooperative House Building Society, its membership shall stand seized for 10 years and no CWP No.23242 of 2010.doc - 3 – change in membership is permissible except in case of death etc. In my considered view, the said clause safeguards the apprehension expressed by the GMADA that the office bearers of the petitioner-societies might indulge in trading of the dwelling units. (6). As regards the increase in the dwelling units, Clause 6 of the Letter of Intent (LOI) dated 19.01.2010 (Annexure P8) issued by the GMADA provides as follows:- “6. The price of land given in para 3 is for constructing upto 40 dwelling unit per acre. If the number of dwelling units per acre are increased the price of land will be chargeable as under:- i. Upto 40 Dwelling units Rs.12,000/- ii. For 41-50 Dwelling units Rs.13,200/- iii. For 51-60 Dwelling units Rs.14,400/- iv. For 61-70 Dwelling units Rs.15,600/- v. For 71-80 Dwelling Units Rs.16,800/-“ (7). It would, thus, be seen that the maximum dwelling units to be constructed by a Society cannot be more than 80 per acre subject to the proportionate increase in the price of land. (8). Counsel for the petitioner-Societies undertake in unison that none of the Societies shall increase the strength of their dwelling units more than 80 per acre on payment of the prescribed rate of land. That being so, there would be CWP No.23242 of 2010.doc - 4 – no deviation from the Policy Circular by the petitioners and any violation of undertaking given hereinabove shall be at their peril. (9). Notwithstanding that, the petitioner-Societies shall also fully cooperate with GMADA in assessing the technical feasibility of the construction of flats on the basis of the available infrastructure to ensure that the dwelling units are well equipped with all the basic amenities. It needs no special emphasis that the petitioner-Societies shall abide by all the terms and conditions of the allotment, however, to bring more transparency in their internal functions in future, it is directed that the petitioner- societies shall not alter their memberships without prior approval of the GMADA so as to enable the said Authority to continue with its laudable object to provide affordable houses to the medium/lower classes of people. (10). Learned counsel for the GMADA states that subject to fulfillment of the requisite conditions by the petitioner- Societies and on their furnishing the requisite documents, if any, the allotment letter(s) shall be issued at the earliest but not later than two months from the date of receipt of a certified copy of this order. (11). Ordered accordingly. CWP No.23242 of 2010.doc - 5 – (12). The petitioner-Societies shall deposit the increased cost of land as per the dwelling units they intend to construct in terms of clause 6 of the LOI, reproduced above, as and when demanded by GMADA. (13). With these directions, the writ petitions are disposed of. (14). Dasti . 08.03.2011 vishal shonkar (S u r y a K a n t) Judge