ANGARKI CO OPERATIVE HOUSING SOCIETY LIMITED Vs. STATE OF MAHARASHTRA
LAWS(SC)-1996-12-165
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on December 31,1996

ANGARKI CO OPERATIVE HOUSING SOCIETY LIMITED Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

Kuldip Singh, J. - (1.) Special leave granted.
(2.) This appeal is directed against the judgment of the Bombay High Court dated July 9, 1992, quashing the letter of intent dated August 31, 1988, the order of Collector, Bombay dated September 3, 1988, and the consequent order of allotment of land bearing City Survey No. 211 of Malabar Hill Division to the Angarki Co-operative Housing Society Limited (the Society) - the appellant before us.
(3.) The Society was allotted land admeasuring 3724 sq.mtrs. (Two Plots) out of Survey No. 211 of Malabar Hills, Bombay. The land was applied for in June/July, 1986 and the letter of intent for allotment was issued to the Society in August, 1988. In June, 1989, Bal-Kalyani, a trust running a pre-primary school in the plot of land adjoining the plots allotted to the Society, filed writ petition in Bombay High Court (No. 1754/89), seeking cancellation of the allotment alleging violation of rules and also mala fide in the process of allotment. Another writ petition (No. 2085/89) was filed by Save Bombay Committee on July 21, 1989, challenging the allotment in favour of the Society on several grounds. Both the writ petitions were admitted for hearing in November, 1988, and the construction on the plots concerned by the Society was stayed by the High Court. Appeals by the Society, against the stay order granted by a learned single Judge, were dismissed in February, 1990. The special leave petitions against the interim orders were dismissed by this Court in May, 1990. A Division Bench of the High Court finally quashed the allotment of land to the Society by the judgment dated July 9, 1992. These appeals by the Society are against the judgment of the Division Bench of the High Court.;


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