1997 INSC 0631
                                                 J.P. Ravidas & Ors.

                                                           Vs.

                                        Navyuvak Harijan Uthapan Multi

                                        (K. Ramaswamy, D.P.Wadhwa JJ)

                                                      07.07.1997

                                                        ORDER

1. Pursuant to the directions issued by this Court on April 12, 1996 in J.P. Ravidas & Ors. Vs.
Navyuvak Haruan Uthapan Multi Unit Industrial Co-operative Societies Ltd. & Ors.[(1996) 9 SCC
900], the Registrar of the Co-operative Societies made an enquiry into the eligibility of persons to
whom the allotments have been made by the builder in contravention of the original directions
issued by the Government while allotting the Government land. It is clearly established from the
report that the builder has grossly violated the regulation of allotment of the flats to the non-Dalit
members. The ultimate finding recorded by the Registrar is that 40 non-Dalit members are in
possession of the flats contrary to the regulations and accordingly he directed the Administrator to
eject those persons and allot these flats that the Dalit members in accordance therewith. We find that
the report is correct. According to Shri Harish Salve, learned counsel for the employees of the
Municipal Corporation they are entitled to allotment as per the reservation under the Regulation of
allotment of the flats in the building constructed by the Society. The Registrar is not right in
cancelling these allotments. Shri R.S. Masodkar, learned counsel for the State in fairness, has stated
that the view taken by the Registrar is not correct to the extent of the proportion of the reservation
as per the Regulation. It should be determined by the Registrar and to that extent the allotment made
to the Corporation's employes is directed to be regularised. This is out of general category. The 40
non-dalits allottees will go. As regards the Dalit members, the direction given is perfectly valid and
warrants no interfer-ences.

2. An application for clarification has been filed by the Society stating that the management has not
handed over the possession of the flats to the appellants; instead the Administrator has been
appointed.

3. In view of these facts and circumstances, we direct that the administrator should take necessary
steps to have all these 40 persons named in the report of the Registrar ejected. 40 Dalit eligible
members should be admitted and flats allotted to them. Thereafter, he is directed to hand over the
management to the Navyuvak Harijan Uthapan Multi Unit Industrial Coop. Society. The application
is accordingly disposed of.

4. The Registrar of the Co-operative Society is directed to oversee the actions taken by the
Administrator in ejecting the persons in possession; in allotting 40 flats to the Dalits members; in
collecting the amount from them and handing over the amount to the non-dalits who are
dispossessed from the building.