J.P. RAVIDAS AND ORS versus NAVYUVAK HARIJAN UTHAPAN MULTI UNIT INDUSTRIAL CO-OP.

J.P. RAVIDAS AND ORS versus NAVYUVAK HARIJAN UTHAPAN MULTI UNIT INDUSTRIAL CO-OP.

The allotment of 40 flats to non-Dalit members being in violation of the governmental and regulatory provisions is to be set aside. These flats shall be allotted to eligible Dalit members as per the reservation regulations and the Administrator and Registrar are to implement and oversee these changes, with compensation to dispossessed non-Dalits.

Parties
Appellants: J.P. Ravidas & Ors.; Respondents: Navyuvak Harijan Uthapan Multi Unit Industrial Co-op. Society Ltd. & Ors.; Applicants: Harish Salve, A.M. Khanwilkar, Ms. V.D. Khanna, Ms. A.P. Mayee
Jurisdiction
India
Judgment Date
07 July 1997
Procedural Posture
Civil Appeal / Order on Application for Clarification/disposal of Petition
Outcome
Petition/application disposed of
Legal Topics
Government Land Allotment, Reservation Policy, Regulations Contravention, Cancellation of Allotments
Co Operative Societies Law Government Land Allotment Reservation Policy Regulations Contravention Cancellation of Allotments

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Parties

J.P. Ravidas & Ors.

Appellants

Navyuvak Harijan Uthapan Multi Unit Industrial Co-op. Society Ltd. & Ors.

Respondents

Harish Salve, A.M. Khanwilkar, Ms. V.D. Khanna, Ms. A.P. Mayee

Applicants

Procedural Posture

Civil Appeal / Order on Application for Clarification/disposal of Petition

Legal Issues

  1. 1 Whether the allotment of flats to non-Dalit members by the builder was in contravention of government-allotted land regulations
  2. 2 Whether the Registrar was correct in cancelling allotments to employees of the Municipal Corporation as per reservation regulations

Ratio Decidendi

The allotment of 40 flats to non-Dalit members being in violation of the governmental and regulatory provisions is to be set aside. These flats shall be allotted to eligible Dalit members as per the reservation regulations and the Administrator and Registrar are to implement and oversee these changes, with compensation to dispossessed non-Dalits.

Court Disposition

Petition/application disposed of

Orders

  • Administrator to eject 40 non-Dalit members named in Registrar's report
  • 40 Dalit eligible members to be allotted flats