DELHI DEVELOPMENT AUTHORLTY versus ARUN LAL SATIJA AND ORS.

DELHI DEVELOPMENT AUTHORLTY versus ARUN LAL SATIJA AND ORS.

Rule 17 applies only to Nazul land and since the appellant did not claim or prove the land was Nazul, its application was unwarranted. Section 87 does not disqualify inherited property transfers. Therefore, there is no ground to restrict allotment to the son of the deceased society member.

Parties
Appellant: Delhi Development Authority; Respondent No.1: Arun Lal Satija; Respondent No.2: Registrar, Cooperative Societies; Respondent No.3: Mianwali District Cooperative House Building Society Ltd.
Jurisdiction
India
Judgment Date
23 November 2007
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Allotment of Land, Membership Transfer by Inheritance, Applicability of Rule 17 to Nazul Land
Land Law Cooperative Societies Allotment of Land Membership Transfer by Inheritance Applicability of Rule 17 to Nazul Land

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Parties

Delhi Development Authority

Appellant

Arun Lal Satija

Respondent No.1

Registrar, Cooperative Societies

Respondent No.2

Mianwali District Cooperative House Building Society Ltd.

Respondent No.3

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether Rule 17 of the Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981 applies to the allotment of land in favour of inheriting son.
  2. 2 Whether Section 87 of the Delhi Co-operative Societies Act, 2005 applies to the inherited property transfer.

Ratio Decidendi

Rule 17 applies only to Nazul land and since the appellant did not claim or prove the land was Nazul, its application was unwarranted. Section 87 does not disqualify inherited property transfers. Therefore, there is no ground to restrict allotment to the son of the deceased society member.

Court Disposition

Appeal dismissed

Orders

  • High Court's judgment upheld
  • No order as to costs