G. N. Ray, J. - (1.) Legality and validity of the policy decision of Government of India dated January 20, 1990, containing the guidelines regarding the procedure for allotment of land by the Delhi Development Authority (hereinafter referred to as DDA) to different Co-operative Group Housing Societies are in dispute in this Special Leave Petition No. 10857 of 1991 arising out of the Judgment dated May 10, 1991 of the Division Bench of the Delhi High Court in C.W.P. No. 285 of 1990 (Kaveri Co-operative Group Housing Society Ltd. v. Union of India) and several applications for intervention and for adding and impleading of parties to the special leave petition. The backdrop of relevant events in connection with the issuance of the aforesaid guidelines by the Central Government have been succinctly indicated in the impugned judgment of the Delhi High Court and may be stated hereunder:
(2.) Prior to July 16, 1983, for some period of time the Registrar, Co-operative Societies, Delhi Administration, (hereinafter referred to as Registrar) was not registering any Group Housing Society under the provisions of Delhi Co-operative Societies Act, 1972, presumably because there was very little chance of such societies being able to get lands for construction. As a result of large scale acquisition of land in Delhi either at the' instance of the Central Government or the DDA, most of the land in Delhi had been frozen. It appears that under the instructions of the Union of India, the DDA itself had been constructing for residential units on 60% land made available to it and 40% of such land was being allotted by it to different Co-operative Group Housing Societies. One of the norms which was laid down by the DDA for making allotment to Co-operative Housing Societies is that the Society should not have less than 60 and more than 300 members. On July 16, 1983, a public notice was issued by the Delhi Administration to the effect that the administration has decided to re-open the registration of Group Housing Societies. Those Societies which have membership between 60 and 300 and who did not own any residential property and the members are residents of Delhi can be registered. The application for such registration was to be accepted in the office of the Registrar between July 18, 1983 and August 17, 1983 on a prescribed form to be available from the office. Later on by a Press Note dated August 17, 1983, the period of registration was extended to August 30, 1983. Large number of persons thereafter formed Group Housing Co-operative Societies and applied for registration with the Registrar. Out of 2600 Societies which applied for registration 1406 Societies were registered. The Societies had to apply and obtain registration by satisfying all the provisions of the Delhi Co-operative Societies Act and the Rules framed thereunder. On March 13, 1984, the Registrar issued a public notice in the leading newspapers of Delhi to the following effect:- "DDA has now intimated that they would now consider allotment of land to Group Housing Societies registered in 1983-84. Those Societies who have closed their membership and desire to seek land through DDA, are requested to submit their membership list and other documents to the office of the Registrar, Co-operative Societies on prescribed pro forma available with the office from 20th March, 1984 onwards."
(3.) In view of such notice, 1406 Societies which had got themselves registered were required to submit their final membership list to the Registrar and such Societies were also required to submit other documents on the prescribed pro forma. The list was required to be submitted on or before March 20, 1984. No time limit, however, was stipulated for the submission of such list. On May 13, 1985, another public notice was issued in which it was stated that so far, out of 1406 registered Societies, only 652 Societies had submitted their list in the prescribed pro forma for onward transmission to DDA for the purpose of allotment of land. The public notice dated May 13, 1985 indicated that the balance 754 Societies would submit their final membership list in the prescribed pro forma within 30 days of the issuance of the notice failing which it will be presumed that such Societies were not pursuing their main objective. The time limit of 30 days was to be reckoned from May 13, 1985. Such date was, however, extended to July 31, 1985 vide another public notice dated July 2, 1985. It, therefore, appears from the aforesaid three public notices dated March 13, 1984, May 13, 1985 and July 2, 1985 that those Societies who intended to get allotment of land from the DDA should submit their final list of membership along with other relevant documents and affidavits to the Registrar and the Registrar after verification would transmit the said documents to the DDA for the purpose of allotment of the land. The Central Government formulated DDA (Disposal of Developed Nazul Land) Rules, 1981, (hereinafter referred to as Nazul Rules). It appears that after public notice dated May 13, 1985, 239 more societies submitted their lists and after the last public notice of July 2, 1985, about 400 and odd Societies submitted their lists to the Registrar. It appears that after the lists had been received by the Registrar from various Societies, correspondence was exchanged between the Registrar and some of the Societies with regard to the varification of the lists of members submitted by the concerned Societies. The exercise had been undertaken in order to ensure that the members of the Societies fulfil the criteria to become eligible for allotment of flats. The lists submitted by various Societies were approved by the Registrar at various points of time and it appears that some of the lists though received earlier were in fact approved later, Similarly, in case of some Societies though the list was received later, approval was made earlier. It may be indicated here that the DDA issued a brochure in 1982 titled "The concept of social security takes a step further to reality". The said brochure contained inter alia the criteria for allotment of land by DDA to the registered Co-operative Group Housing Societies. It was specifically mentioned in the criteria for allotment that the allotment was being made in accordance with the seniority i.e. serial No. and date of registration of Societies with the Registrar Co-operative Societies, Delhi, subject to filing the list of members for verification by the Registrar and payment of 25% of the cost of land within 30 days and payment of the remaining 75% within 90 days from the date of issue of demand notice.;