VidhiSangh

Supreme Court of India · 11/01/2022

VELAGACHARLA JAYARAM REDDY & ORS. versus M.VENKATA RAMANA & ORS. ETC

[2022] 3 S.C.R. 1021 · 2022 INSC 31

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Summary

The Court upheld the quashing of a cooperative award cancelling a member’s plot allotment. Non-member rival claimants had joined former office-bearers in seeking a declaration against a registered sale, and no definite material established that the disputed commercial or vacant plot was reserved for public parking. The cooperative officer’s contrary conclusion rested on assumptions that effectively altered the approved layout. A District Judge’s report confirmed the commercial designation. In the particular circumstances, missing old general-body records did not warrant unsettling an exchange allotment and construction more than two decades later.

Issues

  1. Whether the cooperative proceeding, as framed with non-member rival claimants and declaratory relief against a registered sale, was sustainable.
  2. Whether the plot was proved to be reserved for parking or the allotment required interference because old approval records were unavailable.

Provisions considered

Held

Result

Appeals dismissed; High Court’s quashing of the cooperative award and tribunal decision upheld; no costs.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 1021.