Lakshmamma vs Commnr. Bangalore Dev. Auth.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4088 OF 2010

SMT. LAKSHMAMMA ....APPELLANT(s) VERSUS

THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY AND ANR. ......RESPONDENT(s)

JUDGMENT

NAVIN SINHA, J.

The appellant assails the orders of the Bangalore

Development Authority (hereinafter called as the “Authority”)

dated 15.11.2006 and 17.09.2003, as affirmed by the High

Court. The former declines to restore “khata” in the name of

the appellant, and the latter cancels the “khata” standing

earlier in the name of the appellant’s vendor. Signature Not Verified Digitally signed by MAHABIR SINGH Date: 2018.03.28 17:12:42 IST Reason: 1

2. The Scheduled Caste (Harijan) House Building

Co-operative Society Limited (hereinafter called as the

“Society”), respondent no.2, was allotted 4 acres 23 guntas of

land in Survey No.32 of Marenahalli for development of

residential layout for its members. Bye law No.5(iii) restricted

membership of the Society to Scheduled Caste persons only.

The Society allotted and sold site no.10 to the appellant’s

vendor on 24.12.1985. The appellant purchased the same on

29.08.2005 by a registered sale deed. Subsequently, one P.

Venugopal, who was the Secretary of the Society from 1983 to

1988, after expiry of his term, allotted and registered sites to

persons who were not members of the Society in 1997, and

which included one S. Vasanth Raj, and to whom the

appellant’s plot was resold.

3. The allotments so made in 1997 came to be cancelled by

the Assistant Registrar, Co-operative Societies on 25.03.1998.

The appeal preferred by S. Vasanth Raj before the Karnataka

2 Appellate Tribunal was dismissed as withdrawn on

03.08.2006.

4. The Registrar of Co-operative Societies, by his order

dated 02.01.1997, on a challenge by the Society, while holding

that membership had to be restricted to persons belonging to

the scheduled caste only, directed that the existing members

of the Society irrespective of caste, and which included

persons like the appellant, shall continue to enjoy all rights

and privileges available to the members of the Society. The

High Court declined interference by order dated 10.02.2006

and inter alia directed that all cancellation deeds stood

cancelled, with directions to the Sub-Registrar to delete the

cancellation deeds from the register.

5. The appellant then represented to the Authority for

restoration of the “khata” in her name. The impugned order

dated 15.11.2006 declined her request on the ground that she

3 did not belong to the scheduled caste, and therefore, her

membership had been cancelled.

6. The facts of the case, as noticed above, have not been

disputed by the learned counsel appearing for the Authority.

If that be so, the allotments made by the Society to persons

not belonging to scheduled caste stood saved by order of the

Registrar of Co-operative Societies dated 02.01.1997 as

affirmed by the High Court on 10.02.2006. It hardly needs

further elucidation that the grounds mentioned in the

impugned order are completely nonest. The order therefore

stands vitiated by complete non-application of mind. The

allotments by the then Secretary P. Venugopal having been

held to be illegal and without authority, the order dated

17.09.2003 is also unsustainable, additionally in view of the

withdrawal of his appeal by Vasanth Raj on 03.08.2006.

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7. The order of the High Court is, therefore, held to be

unsustainable, and is set aside. The Authority shall restore

“Khata” in the name of the appellant.

8. The appeal is allowed.

……………………….J. (Aurn Mishra)

………………………..J. (Navin Sinha)

New Delhi,

March 28, 2018

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