Ojha, J. - (1.) Special leave granted.
(2.) This civil appeal by special leave is directed against the order of the Delhi High Court dated 19th May, 1989 as clarified by order dated 24th May, 1989 in Writ Petition No. 2915 of 1988. The facts in brief necessary for the decision of this appeal are that some land was proposed by the Central Government to be allotted for the resettlement of displaced persons. In October 1959 the Rehabilitation Ministry Employees' Co-operative House Building Society Ltd., New Delhi, respondent No. 1 (hereinafter referred to as the Society) was formed and incorporated. After completing necessary formalities an allotment of 60 acres of land was made by the Central Government in favour of the Society which, however, was subsequently cancelled on 7th May, 1979. The Society challenged the aforesaid order of cancellation before the Delhi High Court in Writ - Petn. No. 654 of 1979 which was allowed by a single Judge of that Court on Ist September, 1980 (reported in AIR 1981 NOC 149:ILR (1 980) 2 Delhi 1450). This judgment was challenged by the Delhi Development Authority before the High Court in Letters Patent Appeal No. 254 of 1980 which was dismissed by a Division Bench of the High Court on 5th January, 1981. Aggrieved by these orders the Delhi Development Authority filed Special Leave Petition (Civil) No. 3762 of 1981 before this Court in which the parties entered into a compromise inter alia providing that an area of 45 acres of land in place of 60 was to be allotted to the Society and that membership of the society was to be restricted to persons who were members as on Ist September, 1980 in accordance with the bye-laws of the Society as then prevailing. 1st September, 1980 was the date on which Writ Petn. No. 654 of 1979 giving rise to Special Leave Petition (Civil) No. 3762 of 1981 had been allowed by the High Court. In pursuance of the compromise learned counsel for the Delhi Development Authority prayed for and was granted leave on 6th May, 1982 to withdraw the said special leave petition. In consequence, the order of the High Court stood modified in the light of the compromise entered into between the parties.
(3.) The Society thereafter proceeded to make allotment of land to its members and draw of lots was held by the Society on 14th December, 1988. This draw of lots was challenged by the appellants before the Delhi High Court in Writ Petition No. 2915 of 1988 in which the orders appealed against were passed. In order to appreciate the nature of dispute which was raised in this writ petition with reference to the draw of lots it is necessary to advert to some more facts.;