S.NATARAJAN - (1.) SPECIAL Leave Petitions are granted.
(2.) THESE appeals by special leave arise out of and are directed against a judgment of the High court of Delhi in Civil Writ Petition No. 806 of 1986 filed by Vikas Vihar Co-operative Group Housing Society Ltd., the contesting respondent in nine out of the twelve appeals. In allowing the writ petition the High court quashed a general order of allotment dated 31/03/1986 of the Ministry of Urban Development allotting 27 acres of nazul land to nine co-operative group housing societies and the individual orders of allotment dated 2/04/1986 pursuant thereto issued to the nine societies regarding the allotment of specified extents of land in their favour for construction of apartments for their members. All the nine co-operative group housing societies affected by the quashing of the allotment orders have filed appeals to challenge the judgment of the High court. Vikas Vihar Co-operative Group Housing Society Ltd. and two other societies viz. Suryakiran Cooperative Group Housing Society Ltd., and Daffodils Co-operative Group Housing Society Ltd. who were not allotted land by the Ministry of Urban Development have filed the other three appeals. Their grievance is that the High court, while rightly quashing the impugned orders of allotment, ought to have directed the government to make fresh allotments after taking into consideration the preferential qualifications in their favour for allotment of land to them. Some of the non-allottee societies have appeared as intervenors in the appeals preferred by the nine co-operative societies who were allotted land by the government. Having regard to the common questions involved in all these appeals, they were clubbed and heard together. Some background material may be set out for having a comprehensive perspective of the issues involved in the appeals. In the year 1911, the central government acquired lands in and around Delhi for construction of the capital city. These lands which vested in the government of India are known as nazul lands. These lands were utilised for construction of government office buildings, residential buildings for government servants and public utilities such as markets etc. Some lands were allotted to private individuals on perpetual lease from time to time for residential and commercial use, and also to social and cultural institutions, schools, hospitals and rehabilitation schemes etc. according to the policy of the government of India from time to time. By an order made under the Allocation of Business Rules, the administration of these lands which are properties of the Union vests in the Ministry of Urban Development. Land and Development Office is the field office of the Ministry of Urban Development to allot these lands under orders of the Ministry and administer the leases. Later on, some of these nazul lands were placed at the disposal of the Delhi Improvement Trust for construction of buildings for being given to the public by allotment or auction. In the year 1957, the Delhi Development Act came to be passed and in terms of the Act, the Delhi Development Authority (for short the DDA) was constituted and the Delhi Improvement Trust was merged with the DDA. After its formation, the DDA acquired large areas of lands in Delhi for being developed and thereafter allotted or auctioned to the public on leasehold basis. In 1961, the government of India formulated certain policies for governing the development and distribution/allotment of lands to various institutions and individuals and one of those policies was to give priority to co-operative group housing societies in the matter of allotment of land. The government also decided to discontinue the scheme of plotted development of lands and instead to make use of the lands for construction of flats in multi-storeyed buildings by the DDA or co-operative group housing societies by allotting land to them.
(3.) IT was also decided that due to scarcity of land in South Delhi, group housing societies would be allotted land in East and West Delhi and not land in South Delhi for the time being except to such societies for whom commitment was already made prior to 1972. IT was also decided that the rate of premium for land allotted to cooperative group housing societies would be higher in South Delhi than in East or West Delhi. Another policy decision taken was that while allotting land to the co-operative group housing societies, care should be taken to ensure that as far as possible the societies should be allotted lands nearest to the places of employment of their members. Some time later, the government took further note of the situation caused by the scarcity of land, particularly in South Delhi area and took an executive decision in 1972 to impose a temporary ban on further allotment of lands in South Delhi area. "The temporary ban was relaxed in the year 1979 but even so it became necessary to impose restrictions during the period 1980 to 1983 on the registration of new co-operative group housing societies. Since by 1983, almost all the societies registered after 1981 had by and large been allotted lands, the ban on registration of co-operative group housing societies was lifted and an announcement regarding the same was made by the Lt. governor of Delhi in the newspapers on 17/07/1983. By reason of it, the registration of new co-operative societies was resumed and a large number of co-operative group housing societies applied for registration during the years 1983-1984. On 5/03/1984, the government of India took a decision as per terms set out below regarding the allotment of lands to n&wly registered societies in the year 1983-84: (i) As almost all the old societies were allotted land, the cooperative group housing societies registered in 1983-84 may be allotted land in batches. (ii) As the land in East and West Delhi is almost exhausted, land in other areas should be considered for allotment to newly registered co-operative group housing societies. (iii) For purposes of allotment, seniority of registration is of no relevance. The Registrar, Co-operative Societies should publish a notice calling the registered co-operative group housing societies who have completed all formalities to apply for allotment of land and land should be allotted to societies on first come first served basis. ;