1 2025:CGHC:11757-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 160 of 2025 1 - Avanti Sahakari Grih Nirman Samiti, Maryadit Telibandha Raipur Tehsil And District Raipur Chhattisgarh (Respondent No. 02) ... Appellant versus 1 - State of Chhattisgarh Through Secretary Cooperative Department Mantralaya Atal Nagar New Raipur District - Raipur Chhattisgarh (Respondent No. 01) 2 - Shashikant Daga S/o Shir Omprakash Daga Aged About 68 Years R/o Gudhiyari Raipur Tehsil & District - Raipur Chhattisgarh (Petitioner). 3 - The Registrar Cooperative Societies Lock - 3 Second & Third Floor Indravati Bhawan Naya Raipur Chhattisgarh (Respondent No. 03) ... Respondent(s) For Appellant : Shri Kishore Bhaduri, Sr. Advocate along with Shri Khulesh Sahu, Advocates. For State : Shri Sangharsh Pandey, Dy. Govt. Advocate. For Respondent No.2 : Shri Manoj Paranjpe, Advocate. Hon'ble Shri Justice Ramesh Sinha, CJ Hon’ble Shri Justice Ravindra Kumar Agrawal, J Judgment on Board 10.03.2025 Per, Ramesh Sinha, CJ. 1 The present writ appeal has been filed by the appellant against the impugned order dated 30.01.2025 passed by learned Single Digitally signed by INDRAJEET SAHU Date: 2025.03.11 15:26:06 +0530 2 Judge in WPC No.1117 of 2012 whereby the writ petition filed by the respondent No.2 herein was partly allowed and the appellant herein (petitioner No.2 before the writ court) was directed either to allot a plot to the writ petitioner, or in lieu thereof, an amount of Rs.25,00,000/- be paid to him as compensation, as the writ petitioner had earlier deposited an amount of 12,000/- on 08.05.1987 for allotment of plot in the project carried out by the appellant/society. 2 Brief facts of the case are that, the respondent No.2 deposited an amount of Rs.12,000/- for allotment of plot with the appellant/society on 05.08.1987, however, the plot was not allotted to respondent No.2 herein and therefore dispute was raised before competent authority of Co-operative Societies where orders were passed in favour of respondent No.2 twice directing appellant herein to provide plot in Telibandha project or any other project. When no steps were taken by the appellant/society, the respondent No.2 filed a Revision before the Co-operative Department which stood dismissed on 13.02.2012, against which the respondent No.2 herein approached before learned Single Judge by filing WPC No.1117 of 2012. Learned Single Judge, after considering the entire facts and circumstances of the case as well as material produced before it, allowed the petition of respondent No.2, directing the appellant herein either to allot a plot, or in lieu thereof, an amount of Rs.25,00,000/- be paid to him as compensation. Hence this writ appeal. 3 3 We have heard learned counsel for the parties and perused the records. 4 The appellant is a registered society under the Societies Registration Act. The respondent No.2 being founder member of the said society deposited an amount of Rs.12,000/- with the appellant/society for allotment of land/plot is also not in dispute. Long standing dispute between the parties on the subject matter is also not disputed by either party. Firstly a civil suit was filed by the aggrieved party i.e. respondent No.2 on 01.03.2006 under the relevant provisions of Co-operative Societies Act, 1960. The appellant/society filed its reply on 05.01.2007 and took defence that the aggrieved party was provided opportunity to choose plot in which he failed; a letter was issued on 09.03.2003 for refund of said amount deposited with the society and further the complainant rejected the proposal of alternative plot. Defence was also taken that suit filed by the complainant was time barred. The said suit of complainant was allowed vide order dated 06.01.2009 directing the appellant herein to provide alternative plot in another project after adjusting the difference amount, or to refund the amount deposited by him. The matter trevelled before different forum where a similar order was passed either to allot him plot in a new project or to refund him the amount deposited with the appellant/society, to which the appellant/society failed to comply with the orders of different authority. Ultimately, the writ court 4 directed the appellant to allot him a plot or to refund an amount of Rs.25,00,000/- in lieu thereof. 5 It is a case where there are certain lacunas on the part of both the parties. The complainant was under impression that being a founder member of the appellant/society, it was bounden duty of the society to allot him plot after taking amount from him or atleast he would be informed before allotting choice of his plot to someone else whereas, the appellant/society was on the footing that the complainant failed to approach before the society to get the plot allotted in his favour. He himself was negligent for not allotting plot as the appellant/society never intended to deprive him for allotment of plot. In alternative, the appellant tried to refund him certain amount as directed by the Co-operative Society. There are allegation and counter allegation by either party. 6 Therefore, under the aforesaid admitted factual scenario of the case; the fact that respondent No.2 deposited the aforesaid amount way back in the year, 1987 for allotment of plot to which later he was denied by the appellant for the reasons best known to him and also considering the fact that despite order having been passed by various authorities either to allot him plot in any other project after adjusting the amount already deposited, or to refund the amount which was deposited by him, the appellant failed to comply with the said orders, in the interest of justice, we are of the considered opinion that the amount of Rs.25,00,000/- 5 awarded by learned Single Judge in the writ petition is on the higher side which may be reduced. 7 Accordingly, the amount of lump sum compensation is altered and instead of Rs.25,00,000/-(Rs. Twenty Five Lakhs), the respondent No.2/writ petitioner is entitled for a lump sum compensation of Rs.3,00,000/-(Rs. Three Lakhs only) in lieu of the plot/amount of Rs.12,000/-(Rs. Twelve Thousand) deposited by him earlier with the writ appellant/society. Rest of the observations made in the order dated 30.01.2025 shall remain intact. 8 Accordingly, the writ appeal is disposed of with a direction to the appellant/Avanti Sahakari Grih Nirman Samiti Maryadit, Telibandha, Raipur, to pay an amount of Rs.3,00,000/- (Rs. Three Lakhs only) to the respondent No.2/Shashikant Daga within a period of two months from today. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice inder