Rajiv Sharma, J. - (1.) HEARD learned Counsel for the petitioner, learned Standing Counsel and learned Counsel for the private respondents.
(2.) THE writ petition is directed against the judgment and order dated 9.3.1992 passed by the Deputy Housing Commissioner/opposite party No. 2 in Appeal No. 3W/91 filed by the petitioners against the Award dated 30.3.1991 made by the Co -operative Officer Housing/opposite party No. 2 in Arbitration Case No. 33W/90 on a reference for arbitration filed by opposite party No. 3 and 4 under Section 70 of the U.P. Cooperative Societies Act, 1965. In nutshell, the case of the petitioner is that the Nehru Housing Cooperative Society Limited was registered as a Cooperative Housing Society under the provisions of U.P. Cooperative Societies Act, 1965 and the U. P. Cooperative Societies Rules 1968. The main object of the Society is to acquire land and after preparing the layout according to the needs of its members, plots may be allotted to its members by sale for constructions of houses.
(3.) SRI Charan Singh Saini, opposite party No. 3 had half share in plot No. 900 measuring 3 -17 -0 situate in Village Kaila within the limits of Nagar Palika, Ghaziabad, Pargana Loni, Tahsil and District Meerut (now Ghaziabad). The opposite party No. 3 sold his share measuring 1 -18 -10 in the aforesaid plot No. 900 to the Society by means of a registered sale deed dated 30.6.1967. At the time of execution of sale deed, notification under Section 4 of the U.P. Land Acquisition Act had already been issued and part of the land measuring 0 -14 -3.5 out of the share of opposite party No. 3 in plot No. 900 was notified for acquisition by the Improvement Trust, Ghaziabad. The total land of the share of opposite party No. 3 measuring 0 -18 -10 in plot No. 900 was purchased by the Society for a sale consideration of Rs. 36,777/ -, but since the land measuring 0 -14 -3.5 was under acquisition, the opposite party No. 3 was paid a total sum of Rs. 30,345/ - and a sum of Rs. 6,432/ - was retained by the Society as deposit of opposite party No. 3 and it was provided in the sale deed that in case, the land which was under acquisition is released in favour of the Society, the said amount of Rs. 6,432/ - shall be paid to the opposite party No. 3 and in case, the land is not released in favour of the Society, the said amount of deposit shall stand forfeited and the Society shall also be entitled to receive the compensation payable after final acquisition of that land.;