Case Note & Summary
The petitioners, Nyaya Darshan Co-operative Housing Society Ltd. and its member Chandru Tolani, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a writ of certiorari to quash the action of non-allotment of a plot from government layouts at Village Versova, Andheri, and an order dated 14/15.10.1992, and a writ of mandamus directing the respondents to allot and grant physical possession of a suitable plot of land (minimum 1145 sq. metres) in lieu of Plot No.386A, T.P.S. III, Borivali, which had been allotted to the first petitioner in February 1984. The petitioners contended that they were entitled to an alternate plot from the government layouts at Versova. The court, comprising R.M. Lodha and J.P. Devadhar, JJ., examined the reliefs sought and found that the original allotment of Plot No.386A at Borivali had not been cancelled or withdrawn. The court held that without cancellation of the original allotment, the petitioners had no legal right to demand an alternate plot. The writ petition was dismissed as the petitioners failed to establish any enforceable right under Article 226. The judgment was delivered on 5th August 2005.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Right to Alternate Plot - Petitioners sought writ of mandamus for allotment of alternate plot from government layouts - Court held that no legal right exists for substitution of plot when original allotment is not cancelled or withdrawn - Writ petition dismissed as petitioners failed to establish any enforceable right (Paras 1-3).
Issue of Consideration
Whether the petitioners have a legal right to demand allotment of an alternate plot of land from the government layouts at Versova in lieu of the plot already allotted to them at Borivali.
Final Decision
Writ petition dismissed. No order as to costs.
Law Points
- Writ jurisdiction under Article 226
- no right to alternate plot without cancellation of original allotment
- co-operative society's rights limited to allotted plot
