Jayant Patel, J.
1. The short facts of the case are that the petitioner applied for allotment of the land in the year 1991 from the land bearing Survey No. 15, F.P. No. 716 of the T.P. Scheme, which was admeasuring in all of 11561 sq. mtrs. at Gorwa, Vadodara. As per the petitioner, the petitioner Society is comprising of the members belonging to weaker section of the Society namely; Scheduled Caste and Scheduled Tribes. As per the petitioner, the society was formed in the year 1984 mainly for getting the land for their members for housing purpose. On 8.6.1992, the State Government initially decided in principle to allot the land to the petitioner admeasuring 6700 sq. mtrs for its 67 members and the petitioner was asked to pay the amount and the said amount as per the petitioner is already deposited with the Government. Thereafter, it appears that vide letter dated 8.2.1993 the State Government, upon the inquiry, found that 42 members are newly added and, therefore, qua 25 members, the order was passed on 19.2.1994 for allotment of the land to the petitioner Society admeasuring 2500 sq. mtrs. The said order dated 19.2.1994 is produced on record at Annexure 'D' and it, inter alia, provides for allotment of the land to enable the petitioner Society to allot the plot of 100 sq. mtrs to each of the said 25 members of the Society. It appears the matter was further inquired by the State Government upon the complaint by the Ex-President of the Society that the list of the members of the petitioner Society is tampered with and a different list of the different persons is included and, therefore, the State Government as well as the District Collector further inquired into the matter and the order of allotment was not acted upon and at that stage the petitioner has approached this Court by the present petition.
2. Heard Mr. Patel, learned Counsel for the petitioner and Mr. Soni, learned AGP for the State Government.
3. Mr. Patel, at the outset, declared that the petitioner is not pressing any relief qua the allotment already made to respondent No. 3 Society from the very Final Plot No. 716 and he further declared before the Court that the area, which is allotted to respondent No. 3 society is in addition to the area of the land admeasuring 6700 sq. mtrs., which is marked for the petitioner Society for 67 members. Therefore, in view of the aforesaid declaration, qua the allotment already made to respondent No. 3 of the land admeasuring 2300 sq. mtrs., the matter is not required to be examined and the petition is required to be considered qua the allotment already made to the petitioner and for additional allotment for the remaining land from the area of 6700 sq. mtrs.
4. It is not in dispute that initially the State Government principally agreed to allot the land admeasuring 6700 sq. mtrs., to the petitioner Society. It is also not in dispute that the petitioner Society has paid the amount of Rs. 5,36,000/- to the State Government in pursuance of the order passed by it. It is also not in dispute that thereafter, vide order dated 19.2.1994 the District Collector passed the formal order of allotment of the land admeasuring 2500 sq. mtrs., only for 25 members, and for remaining members or for the remaining area of the land, no order is passed for allotment by the District Collector. Further, the perusal of the order dated 19.2.1994 shows that the earlier order dated 20.2.1993 was set aside and vide order dated 8.10.1993 the order has been passed by the State Government to allot the land by appropriating the amount of Rs. 2 lac from the amount already deposited by the petitioner Society. It is not in dispute that the order dated 19.2.1994 is not cancelled by any of the competent authorities.
5. This Court (Coram: J.M.Panchal, J.), when considered the matter at the time of admission on 11.11.1997, had passed the following order: S Heard the learned advocates with regard to interim relief. By way of interim relief, respondents No. 1 & 2 are directed to maintain status-quo with regard to land admeasuring 6700 sq.mts. forming part of Final Plot No. 716 of village Gorva, Taluka : Vadodara, till final hearing of the petition. The respondents No. 1 & 2 are further directed to decide the question whether remaining 42 members of the petitioner-Society are entitled to get land as members of the petitioner-Society. The respondents No. 1 & 2 shall render decision as early as possible and preferably within two months from today. The respondents No. 1 & 2 are directed to produce decision which may be taken by them pursuant to this direction, before the Court. Having regard to the facts of the case, prayer made in Para-25(c) is refused.
1. Thereafter, it appears that the report by way of communication dated 9.11.1998 from the District Collector to the office of the Government Pleader is produced on record which, inter alia, provides that 40 members were newly added by tampering the record and if the society is interested for verification of the eligibility, the matter can be considered for allotment of the land as per the market value. In the said report, it has been further stated that even from amongst 25 members, 7 members are not fulfilling the eligibility criteria and there is difference in the signatures of about 12 members and, therefore, the order for allotment of the land admeasuring 2500 sq. mtrs., also deserves to be cancelled. Mr.Soni, learned AGP has relied upon the said report.
2. The matter as such can be considered in two parts; one for implementation of the order dated 19.2.1994 Annexure 'D' and another for allotment of the additional land for alleged 42 members. If the order of allotment was already passed on 19.2.1994, in normal circumstances it would be expected for the State Government to act upon such order for allotment, more particularly when the amount is already received by the Government. If the complaint is received by the authority and it is found that a particular member of the Society is not eligible to get the land as per the order of allotment, it may be a case to be considered qua individual member and on such aspect for the non-eligibility of a few members or a particular member, the whole order cannot be put in abeyance for all time to come. It would be for the competent authority to examine the eligibility of the members of the petitioner Society and if the eligibility is found to the satisfaction, the order dated 19.2.1994 is required to be implemented to that extent. However, if ,upon the inquiry it is found by the District Collector that certain members of the society are not eligible, it would be required for the District Collector to undertake the procedure for cancellation of the allotment and to refund the amount after observing the principles of natural justice.
3. As per the report of the District Collector, it has been stated that certain members are not eligible from amongst 25 members and there is no genuine affidavit of certain members from amongst 25 members for satisfying the eligibility criteria. Mr.Patel, learned Counsel appearing for the petitioner, submitted that the additional affidavit has been filed dealing with the aspects of the report contending, inter alia, that the members are fulfilling the requirement and they are genuine members.
4. In my view, this Court while exercising the power under Article 226 of the Constitution of India, cannot conveniently examine such disputed question of facts. However, it does not transpire from the record that the District Collector has given any opportunity of hearing to the society or to the concerned member for satisfying the eligibility criteria and, therefore, if the inquiry is undertaken by the District Collector in this regard, the same would be appropriate, more particularly when up till now, the order for allotment is not cancelled by the District Collector or the State Government, as the case may be. However, if upon the inquiry it is found that the members of the petitioner Society are meeting with the requirement and are fulfilling the eligibility criteria, it would be required for the District Collector to act upon the order dated 19.2.1994, including by handing over of the possession of the land, of course, to the extent of the land for which the satisfaction is recorded by the District Collector.
5. As regards the allotment of the additional land for 42 other members of the petitioner Society is concerned, it appears that earlier the State Government has already cancelled the order for allotment of the land to the Society for 67 members vide order dated 8.10.1993 and the said order of the State Government dated 8.10.1993 is not under challenge. However, as the petitioner society has already deposited the amount, by acting upon the order of the State Government, it would be required for the State Government to consider the matter for refunding the amount or in alternative, to consider the matter for allotting the additional land. However, such allotment would be at the prevailing policy of the State Government and it would not be in continuation with the allotment already made for 25 members, since the order is cancelled as back as on 08.10.1993 qua such persons.
6. In view of the aforesaid, I find that following direction shall meet with the ends of justice.
a. The respondent Nos.1 and 2 within a period of six months from the receipt of the order of this Court, shall verify the genuineness and also of the eligibility of 25 members for whom the order for allotment of the land is passed on 19.02.1994(Annexure-D). The aforesaid exercise shall be undertaken after giving opportunity of hearing to the Society and if required, to the concerned member also.
b. In the event upon completion of the inquiry, it is found that all the 25 members of the petitioner Society are fulfilling the eligibility criteria, the possession of the land in question admeasuring 2500 sq. mtrs. shall be handed over to the petitioner society pursuant to the order dated 19.02.1994 within a period of one month from the date of completion of the said inquiry.
c. In the event, in the inquiry it is found that any of the members are not fulfilling the eligibility criteria from amongst the 25 members of the petitioner society for whom the order dated 19.02.1994 is passed, the District Collector shall handover the possession of the land in proportion to the extent of the members fulfilling the eligibility criteria. However, for the remaining land from the land admeasuring 2500 sq. mtrs., it would be open to the District Collector to issue the show cause notice to the petitioner Society to cancel the allotment to that extent and to pass appropriate order in accordance with law.
d. It would be open to the petitioner Society to move appropriate application to the District Collector for allotment of additional land for 42 members within a period of one month from the receipt of the possession of the land as per the earlier direction. If such an application is made by the petitioner Society for allotment of the land for 42 members, the same shall be considered by the District Collector in accordance with law as per the prevailing policy of the State Government and the decision shall be taken as early as possible, preferably within a period of three months from the receipt of such application.
e. In the event, the decision is taken for not to allotting the land for 42 members or any of the members, as the case may be, it would be required for the District Collector to pass suitable orders for refunding the balance amount after adjusting the amount for which the possession is handed over or to be handed over to the petitioner Society as pr the direction given hereinabove.
12. The petition is allowed in terms of aforesaid directions only. Rule partly made absolute. Considering the facts and circumstances, there shall be no order as to costs. Direct service is permitted.
