VidhiSangh

Supreme Court of India · 12/12/2024

PROPOSED VAIBHAV COOPERATIVE HOUSING SOCIETY LIMITED versus STATE OF MAHARASHTRA & ORS.

[2024] 12 S.C.R. 732

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Summary

The Supreme Court quashed the State's allotment of a government plot at Bandra to a proposed co-operative housing society, holding that the allotment of a plot the society never applied for, made under the discretionary quota without reasons, without public notice or draw, and after repeated changes in membership to meet eligibility, was arbitrary and in breach of the 1971 Rules and the Government Resolution of 09.07.1999.

Issues

  1. Whether the allotment of government land to the fifth respondent society complied with the Maharashtra Land Revenue (Disposal of Government Land) Rules, 1971 and the Government Resolution of 09.07.1999.
  2. Whether the allotment was arbitrary, having regard to the society's changing membership, the eligibility of its members and the absence of reasons and of a public process.

Provisions considered

Held

Result

Appeal allowed; High Court judgment of 24.02.2012 set aside; Letter of Allotment dated 10.04.2008 in favour of the fifth respondent society quashed; interim orders vacated.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 732.