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TMI Blog2015 (2) TMI 334X X X X Extracts X X X X X X X X Extracts X X X X ..... and to recover the sale proceeds. On the other hand, the Society has in the said affidavit in-rejoinder as well as through the counsel before the Court made it clear that if any individual member applies for membership of the society, who is otherwise qualified under the byelaws and agrees to abide by the byelaws of the society, the society would have no objection, subject to clearance of legal dues of the Society, to make him a member of the society, and transferring the plot in his name. - It would be open for the respondents and particularly, Respondent No.1 to identify the intending purchaser of the plot in question by assuring highest possible price to the Central Government through such means as may be permissible. - The Society shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plot. Rekhaben surrendered the said plot to the competent authority on 30.06.1988. 4 The competent authority thereupon initially had correspondence with the petitioners first indicating that the said plot has been forfeited, and thus, vested in the Central Government, and thereafter, insisting that the society enter the name of the Central Government, and it is registered as an owner of the plot. Through replies, the Society opposed such request on the ground that a member of the Society is only the owner of the superstructure, the ownership of the land always remains with the Society, and further that in view of Section 22 of the Gujarat Cooperative Society Act, the Central Government cannot be a member of the Cooperative Society. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es. The member as long as he continues in the said capacity and abides by the byelaws of the society, has right to use such occupation of the plot of land as the owner of the superstructure. The Central Government when therefore ordered forfeiture of Rekhaben's property in the society essentially it would result in all the rights and title of Rekhaben in the said property vesting in the Central Government. Obviously, the right which Rekhaben did not enjoy over the said property would not vest in the Central Government by virtue of forfeiture order or otherwise. The question of joining the Central Government as member of the Society would of course throws up a peculiar problem. However, it is not necessary for me to decide all these q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icularly, Respondent No.1 to identify the intending purchaser of the plot in question by assuring highest possible price to the Central Government through such means as may be permissible. (2) It would be open for the petitioners to suggest any buyers to the Central Government if any intending purchasers contact the society. (3) Once the buyer and sale consideration are finalized, the competent authority and such intending purchaser shall jointly apply to the Society for transfer of the plot in the name of such purchaser. (4) The Society shall make such purchaser its member and transfer the plot in question in his or her name, of course subject to clearance of all the legal dues of the society and payment of such transfer charges a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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