- (1.) In a dispute arising between dalits and non-dalits in the matter of becoming members of a Registered Co-operative society for allotment of flats on the building constructed over two acres of land, which had been allotted by Government of India for accommodating the members of the Society at concessional rates, this court issued certain directions in Civil appeal No. 7745 of 1996 - J. P. Ravidas and Others v. Navyuvak Harijan utthapan Multi Unit Industrial Cooperative society Ltd. and Others. [jt 1996 (5) SC 445 = (1996) 9 SCC 300]. As several non-dalit members, who were the original members of the Society, would have been evicted from the flats they were occupying, an Interlocutory Application had been filed for modification of the aforesaid order of the Court and it was contended that it is possible to construct new flats over the existing building so that all dalit members could be accommodated without there being any necessity for eviction of non-dalit members who were occupying the flats on being duly allotted. To find out the possibility of the new construction on the piece of land with the available FSI, as per the rules and Regulations of the Municipal corporation, a retired Judge of the Bombay high Court, Shri Justice D. M. Rege, was appointed by this Court with the request that a report be submitted by him. In accordance with the findings of the said learned Judge, the Court further permitted the builder to construct additional flats by raising the 4th floor of the building so that all dalit members of the Society could be fully accommodated. It is reported to us today that the said 4th floor building containing flats have been completed and all daiit members of the Society have been allotted their respective flats excepting four who have been duly noticed and four flats have been reserved for them. Thus the directions of this Court in J. P. Ravidas (supra) have been fully complied with and yet the original members of the society who are non-dalits are not required to vacate their flats. In view of this state of affairs, no further direction in the matter is required to be issued and we hope and trust that dalit and non-dalit members occupying different flats in the same building will continue to remain as good neighbours.
(2.) On behalf of dalit members of the Society, an argument had been advanced that the new flats constructed could be allotted to the non-dalit members who are occupying flats on the down floor so that dalit members can be accommodated in the down floor flats. We are not inclined to have this exercise now, though we make it clear that if any member amicably would like to exchange the flat, he may do so.
(3.) The I. As. stand disposed of accordingly.;