LAGHU UDYOG KARMACHARI CO-OPERATIVE HOUSING SOCIETY LTD Vs. STATE

JUDGEMENT

(1.) THIS is a petition filed by the petitioner seeking a direction for quashing the order passed by respondent dated 22 -2 -1972 withdrawing the permission granted by the Indore Improvement Trust with the approval of the Government and such other suitable directions.

(2.) FACTS giving rise to this petition are that the petitioner is a co -operative housing society registered under the M. P. Co -operative Societies Act with the object of developing a housing colony for its members. It is alleged by the petitioner : -

(3.) THE contention of the petitioner is that under Section 83 of the M. P. Town Improvement Trust Act, 1960 respondent No. 4 had the authority to dispose of by sale, lease, exchange or even otherwise dispose of any land vested in it or acquired by it under this Act. Consequently the respondent No. 4 when it passed the resolution recommending release of this land from scheme No. 44 and obtained sanction of the State Government was acting under Section 83 and therefore it could not be said that this was not within the powers of respondent No. 4. It was also contended that Section 83 contemplated an act by respondent No. 4 "for the purposes of this Act" and the development of the housing colony by the petitioner would clearly fall within Section 38 of the Act and therefore it could not be said that it is not "for the purposes of this Act." It was therefore contended that the trust being a statutory body having passed a resolution and asked the petitioner to go ahead with the scheme, and the petitioner on this representation having purchased the land, paid valuable consideration and proceeded with the scheme of development, the respondent No. 4 could not go back on its assurance. Learned counsel for the petitioner, in support of his contentions placed reliance on the decisions in Union of India v. Anglo Afghan Agencies, AIR 1968 SC 718; Century Spinning and Manufacturing Co. v. The Ulhasnagar Municipal Council, AIR 1971 SC 1021; Turner Morrison and Co. Ltd. v. Hungerford Investment Trust Ltd., AIR 1972 SC 1311; Jai Dev v. Land Acquisition Collector Mandi, AIR 1971 Delhi 35; M/s. Khunnoo Lall and Sons v. Union of India, AIR 1974 All 170; M. Venkatachalam v. State of Andhra Pradesh, AIR 1973 Andh Pra 65 and also referred to Nimar Industrial Corpn. (P) Ltd. v. Madhya Pradesh Electricity Board, AIR 1973 Madh Pra 281.