Civil Writ Petition No. 11265 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 11265 of 2009 Date of Decision: 21.12.2010 The Shivalik Environ Co-operative Housing Building Society Limited, Panchkula. …Petitioner Versus Financial Commissioner and Principal Secretary to Government Haryana, Co-operation Department, Haryana and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. B.S. Walia, Advocate for the petitioner. Ms.Kirti Singh, Deputy Advocate General, Haryana, for respondents No.1 and 2. Mr. S.S. Dalal, Advocate for respondent No.3. None for respondent No.4. Kanwaljit Singh Ahluwalia, J. (Oral) The present writ petition has been filed by the Shivalik Environ Co-operative Housing Building Society Limited, Panchkula (hereinafter referred to as “Society”) praying that the impugned order dated 18.3.2009 (Annexure P26), passed by the Appellate Authority, be set aside. Learned counsel for the petitioner has assailed the impugned order (Annexure P26) on the ground that the Appellate Authority had Civil Writ Petition No. 11265 of 2009 2 acted beyond its jurisdiction by making certain observations. Learned counsel for the petitioner submits that the criteria and the policy are to be adopted by the General House of the Society and until it is in contravention of the rules and bylaws as prescribed by the State, the same cannot be held to be bad. Learned counsel for the petitioner has further submitted that though the Revisional Authority has granted liberty to the Society to determine the authenticity of the two receipts of ` 1,20,000 purportedly issued on 3.9.1992 bearing Nos. 1066 and 1067 and observation has also been made by the Appellate Authority that these receipts seem to be genuine. Learned counsel for the petitioner has further submitted that the observation, so made shall stand in the way of the Society to determine the authenticity of these receipts. Learned counsel for respondent No.3 has very fairly submitted that he will have no objection in case the observations made by the Revisional Authority regarding the criteria and the policy are ordered to be deleted from the impugned order. He further submitted that let the Society be given complete powers to determine the authenticity of the receipts without taking into consideration the passing references made by the Revisional Authority. Learned counsel for the petitioner has readily accepted the fair stand taken by learned counsel for respondent No.3. Accordingly, the following portion of the impugned order shall stand deleted:- “...Keeping in view the arguments extended by the counsels. I am of a considered view that the criteria Civil Writ Petition No. 11265 of 2009 3 adopted by the Society while allotting 0.5 unit to 4 units to the persons against their respective contribution in the same land purchased vide single deed and on the same date is unfair and against the law. Such criteria and policy of appellant's Society is unsustainable in the eyes of law. The Society purchased 277 kanal of land for a total consideration of ` 2.65 crores. Six units have been created out of each acre. Thus, 277 kanal contains 207 units. Each unit cost is ` 264/207 i.e. ` 1.2 lac...” However, it is observed that the criteria and the policy shall be strictly in consonance with the prevailing laws, rules and bylaws which have been enacted by various functionaries of the State. Furthermore, it is ordered that the Society shall determine the authenticity of the two receipts bearing No. 1066 dated 3.9.1992 for ` 1,20,000 and No. 1067 dated 3.9.1992 for ` 1,20,000 purportedly issued by the petitioner/Society uninfluenced by the observations made by the Revisional Authority. The needful shall be done by the Society within a period of three months from the date of receipt of a certified copy of this order. With the observations made above, the present writ petition is disposes of. (Kanwaljit Singh Ahluwalia) Judge December 21, 2010 “DK”