- (1.) A similar question arises in both the petitions. We accordingly dispose of both the petitions by a common order and judgment.
(2.) We will first deal with CWP No.12420 of 1999. Respondent No.4 is the President, Punjab State IPS Officers, Cooperative Building Society Limited (hereinafter referred to as the 'Society'). The petitioner claims to be the member of the society. Respondent No.2 is the Registrar, Cooperative Societies, U.T. Chandigarh and respondent No.3 is the Assistant Estate Officer-cum-Convenor Screening Committee, U.T. Chandigarh.
(3.) The petitioner is aggrieved by the decision of the respondents for being held ineligible for membership of the society and for allotment of the plot. In December, 1994/January, 1995, the society was allotted a plot under the "Chandigarh Allotment of Land to Cooperative House building Societies Scheme 1991". Clause-6 reads as under:- "6. Eligibility. - A society may be considered eligible for allotment of land if it is duly registered with the Registrar, Co-operative Societies, Union Territory, Chandigarh functioning properly having sufficient funds/resources to pay the premium, to undertake the construction work, to complete it in a stipulated period, and that each of its members fulfils the following conditions:- (i) He is a bona fide resident of the Union Territory of Chandigarh and should be residing in Union Territory, Chandigarh at least for last two years on the date of the allotment of land to the Society; (ii) He is an employee of the Central Government/Corporation owned or controlled by Central Government stationed at Chandigarh on the date of notification of Scheme or has served in the past at Chandigarh, or (iii) He is an employee of Union Territory Administration or States of Punjab and Haryana or any Corporation owned or controlled by Union Territory or State Governments referred to above and is either serving at Chandigarh on the date of notification of the Scheme or has served in the past; or (iv) He is a retired from the Government or Corporation referred to at (ii) and (iii) above and residing at Chandigarh. An applicant member may be eligible for allotment of dwelling unit in accordance with his monthly income one dwelling unit cut of the dwelling units constructed per acre, as per category given below: (A)(1) 25 Dwelling Units per acre Category "A" (2) 35 Dwelling Units per acre Category "B" (3) 45 Dwelling Units per acre Category "C" (The density shall not in total exceed 40% of the covered area) (B) Income Group Members having monthly income of Rs. 5,001 and above "A" Members having monthly income of Rs. 2,001 to 5,000 "B" Members having monthly income upto Rs. 2,000 "C" Provided that no society shall be eligible for allotment of a site under this scheme if any of its members, their spouses or dependent children already owns, either on free-hold, lease-hold or hire purchase basis, a dwelling unit or a residential House/site/flat at Chandigarh, Manimajra, Panchkula and S.A.S. Nagar (Mohali). Provided further that not more than one member of a family shall be a member of any such Society and no more than one dwelling unit shall be allotted to one family. Provided further that no individual/Society shall part with the possession of the land or dwelling unit before the expiry, of at least 5 years from the date of allotment".;