Summary
In contempt proceedings over failure to honour undertakings to vacate cooperative-housing flats, the Court directed possession for the reinstated original members while providing a route for displaced occupants to obtain flats in a proposed new building. The occupants had contributed to the original construction and entered after the original members’ expulsion, later set aside. Those equities supported tailored directions, without relieving them of the obligation to vacate or guaranteeing construction without required approvals.
Issues
- How the possession orders and undertakings should be enforced while accounting for the displaced occupants’ financial contributions.
- What conditions should govern the proposed new building and renewed membership.
Held
- The occupants had violated the orders and undertakings, but had been openly admitted against apparent vacancies and paid instalments supporting construction. The society had received contributions from both sets of claimants, creating equities requiring consideration. (¶ 10–13)
- All alleged contemnors had to vacate by 31 August 2019. Vacated apartments were to be allotted lawfully, under Registrar-office supervision, to persons entitled to readmission under the prior order. (¶ 12(a))
- An occupant wishing to obtain a new apartment had to deposit Rs.10 lakh by 31 October 2019 and undertake to meet further construction demands. Deposit and affidavit would secure readmission as a member. (¶ 12(b)–12(c))
- The Administrator had to seek required approvals for an 18-apartment building within one month, and the municipal authority had to decide the application within one month of receipt. Further memberships and supervised allotment by draw were authorised within the stated framework. (¶ 11–12(g))
- Displaced occupants had to arrange and fund their own transit accommodation without reimbursement. Whether the society would contribute to construction, rather than the new allottees bearing the entire cost, was left to the society. (¶ 12(h)–12(i))
Result
Contempt petitions disposed of without costs on the detailed directions in paragraph 12: mandatory vacation and allotment to entitled original members, plus a conditional membership and new-building route for displaced occupants. No separate punishment imposed; construction remained subject to approvals.