- (1.) THIS petition under Article 226 of the Constitution is aimed against notice and order dated 2-11-1984 and 6-5-1985 respectively-being at Exs. G and H to the petition.
(2.) THE petitioner is a Co-operative Housing Society registered on 18-10-1951 under the Bombay Co-operative Societies Act, 1925 and therefore, deemed to be registered under the Maharashtra Co-operative Societies Act, 1960. On 2-7-1954, the Collector of Bombay Suburban District addressed Ex. A to the petitioner mentioning therein that the State Government had sanctioned the grant to the Society of land measuring 2541 sq. yds from out of plot Nos. 676, 677, 678 and 679 S. S. No. VII Khar. The grant was free of occupancy price on the assumption that the Society would collect necessary funds in due course and subject to various conditions. Condition No. (ii) was worded as follows:-- that the Society shall not sell or is any way transfer by mortgage, lease etc. , any of the plots out of the land to any person other than one of their members or let any tenements to non-members without obtaining previous approval of the Collector in writing. " Condition No. (viii) required the Society to sign an agreement in a particular form as required by the Collector embodying the conditions set out in Ex. A as also such conditions as would be considered necessary by the Collector. Conditions (ix) and (x) specified what could be done by the Collector in certain eventualities. Condition (ix) provided for the continuance of the land in the Societys occupation though it had contravened various conditions on payment of such fine and non-agricultural assessment or rent as the Collector would direct. Condition (x) provided that it would be lawful for the Collector to direct the removal or alteration of any building or structure erected or used contrary to the provisions of the grant within the time prescribed by him, and, on such removal or alteration not being carried out, to cause the same to be carried out and recover the cost of such operation from the grantee as an arrear of land revenue. The agreement executed by the petitioner is at Ex. G and the preface itself shows the Chairman and Secretary of the Society executing the document "on behalf of the Society. . . and assigns". Clause 2 of the agreement recites that the land would be used only for building purposes and the structures thereon would be used for residential purpose by the members of the Society only. Once of the two Schedule appended to the agreement being Schedule No. II set out "special conditions". The Second Special Condition is worded as follows:-- "that the society shall not sell or in any way transfer by mortgage, lease etc. , any of the plots out of the land to any person other than one of their members or let any tenements to non-members without obtaining previous approval of the Collector in writing. The Collector will permit such letting provided that in this behalf preference is given to Backward Class persons who have no houses of their own. " Special Condition No. VII spoke of the entitlement of the grantor to cancel the grant and resume the land to the Government without any compensation for breach of the conditions subject to the Collector giving notice of the breach and the Society failing to remedy the same within six months from the date of the notice. Special Condition No. VIII permitted the Collector to continue the granted land in the Societys occupation despite contravention of any of the conditions, on the Society paying such fine and non-agricultural assessment or rent as the Collector directed. Special Condition No. IX permitted the Collector to direct "the removal or alteration or any building or structure erected or used contrary to the provisions of the grant within a time prescribed in that behalf" and on failure of the direction being carried out, to carry it out himself and recover the cost as an arrear of land revenue from the erring Society.
(3.) THE Collector on 10-10-1968 made a separate grant in favour of the petitioner in respect of 1170 sq. yds forming part of plot bearing No. 675 from S. S. VII of Khar. The grant is at Ex. B and the purpose of the grant is set out in the document thus viz. "for construction of residential buildings for accommodating its members". The occupancy price was a concessional one and this was explained in Ex. B as due to "the Society is of backward class community personnel". The occupancy price is calculated at Rs. 1. 75 per sq. yd. Conditions were appended to the grant of 10-10-1968 and Conditions Nos. 2 ,3 and 10 require to be looked into. Condition No. 2 prohibited the Society or any member from selling or in any way transferring by mortgage, lease etc. any plot or block or flat out of the land to any person other than a member without obtaining previous written approval of the Additional Collector, Bombay Suburban District. Condition No. 3 prohibited the Society from enrolling any additional members or substituting any member in place of those approved by Government except with the previous written approval of the Government. Condition No. 10 rendered the Society liable to be evicted and the land and buildings resumed by Government without payment of any compensation in case there was a breach of any of the conditions of grant of land and failure on the part of the Society to remedy the breach within six months from the date of issue of notice by the Additional Collector, Bombay Suburban District, communicating the breach.;