Paragraph numbers below are the court’s original numbering, recovered from the source text.
1. The Managing Committee of the New Friends Co-operative Society Ltd. (hereinafter called "the new Managing Committee") elected at the meeting held on 29 August, 1976 shall assume charge with effect from the date of this order. '
2. The new Managing Committee shall send to all persons re- ferred to in sub-paragraphs (a) to (e) of paragraph 37 of Mr. Mookerjee's report, through Mr. Mookerjee, a letter stating that membership fee and the amount of qualifying share necessary to become a member of the Society and also copies of this order as well as the appropriate forms of application for membership of the . Society and of the affidavits to be sent by the applicants to the new Managing Committee within one month from the date of tl'lis order.
3. Each person referred to in sub-paragraphs (a) to (e) of para- graph 37 shall, if he desires to have any plot allotted to him, apply for membership of the Society. All such applications for member- ship of the Society shall be sent to Mr. Mookerjee within 30 days ·from the date of receipt of the documents referred to in the next preceding paragraph hereof. If any application is not received by . Mr. Mookerjee within the said period, or if the affidavit referred to in the next preceding paragraph is not enclosed with the application, or if any application or affidavit be found by Mr. Mookerjee to be c not in complian~e with the form of the application and the affidavit sent to the applicant, Mr. Mookerjee shall reject such application .. . Such rejection by Mr. Mookerjee shall be finaJ.
4. All applications for membership along with affidavits found. ~y Mr. Mookerjee to ~e in order, will be forwarded by Mr. Mooker- iee . to t~e new Managmg Committee upon the expiry of. the said penod of 39 d.ays. Mr. Mookerjee will ID:ake a list of the persons whose . applications are so forwarded by him to tlle new Managing Committee.
5. The new Managing Committee shall convene a meeting of the Committee ~ithin 30 days from the receipt of the applications along with the affidavits sent by Mr. Mookerjee to the new Managing Com- mittee as aforesaid and pass a resolution· accepting all such appliqmts for membership as members of the Society.
6. The new Managing Committee shall convey to Mr. Mookerjee its said resolution within 14 days . of the passing of such resolution and shall send to Mr. Mookerjee at least as many copies of the reso- lution as the number .of persons who are admitted as members of the Society by virtue of that resolution. Mr. Mookerjee will thereafter send a copy of the said resolution to each of the applicants who is admitted as a member of the Society by virtue of the said resolution.
7. On receipt of the said communication froni Mr. Mookerjee each person who has been admitted as member of the Society by· virtue of the said resolution shall, within 14 days from the receipt of the communication from Mr. Mookerjee, pay to Mr. Mookerjee by Bank Draft (drawn in favour of "New Friends Co-opertt'.ive House Building Society Ltd.") an amount including the membership fee and the amount of qualifying share necessary to become a member of the Society. Mr. Mookerjee will thereafter forward the Bank Drafts to the new Managing Committee.
8. Regarding the allotment of plots, the suggestions of. Mr. Mookerjee contained in sub-paragraphs (a) and (b) of paragraph 37 of his report will be given effect to by the new Managing Com- mittee, subject to the availability of plots and subject also to each person referred to in the sajd two sub-paragraphs and to whom any plot is allotted complying with the direction contained in the preced- ing paragraph 7 hereof and further subject to each su~h person pay- ing his full share of the money payable to the Delhi Development Authority under the Supplementary Agreement entered into between the President of India and the Society on 1 February, 1972 by a Bank Draft drawn in favour of the Delhi Development Authority".
9. The allotment of plots among persons referred to in sub-para- graphs (a) and (b) of paragraph 37 of Mr. Mookerjee's report shall be . in the order of priority mentioned there and already ea~arked for them. If plots which are already earmarked for persons m sub- paragraphs (a) and (b) are not available then there will be. allot- ments to those persons by draw of lots first among those m sub- RAJ RANI v. DELHI ADMINISTRATION (Ray, C.J.) 38 7 paragraph ( c) and thereafter among those in sub-pargraph (b). Mr. Mookerjee will prepare a list of persons to whom plots are so allotted and send copies of the list of the new Managing Committee and the Delhi Development Authority and inform the persons to whom such allotments are made.
10. Each person referred to in the said sub-paragraphs (a) and {b) of paragraph 3 7 and to whom any plot is allotted shall, within 14 days from the receipt of the communication from Mr. Mookerjee as referred to in paragraph 6 hereof, enquire from the Delhi DeveloP- ment Authority as to the sum payable by him to the Delhi Develop- ment Authority as aforesaid and upon receipt of the reply from the Delhi Development Authority pay the sum to the latter by a Bank Draft within 15 days from the date _of the receipt of the reply. In -default of such payment the allotment to him will stand cancelled. In the event of any such cancellation allotment may be made to the next person if any, in this sub-paragraph.
11. Thereafter, if any plot or plots remain to be allotted the .allotment or allotments shall strictly be in accordance with the order .of priority laid down in paragraph 37 of Mr. Mookerjee's report. Such allotments shall be made by Mr. Mookerjee by means of draw -of- lots first among the persons referred to in sub-paragraph ( c) there- .after among those in sub-paragraph (d) and thereafter among those in sub-paragraph (e) of paragraph 37 of his report. Mr. Mookerjee will prepare a list of persons to whom the plots are so allotted and -send copies of the list to the new Managing Committee and the Delhi Development Authority and inform the persons to whom such allot- ments are made. Any person referred to in sub-paragraphs ( c), (d) and (e) of Mr. Mookerjee's report who is allotted any plot shall within 14 days from the receipt of the communication from Mr. Mookerjee to the effect that a particular plot has been allotted to him enquire from the Delhi Development Authority as to the sum payable by him to the Delhi Development Authority as aforesaid and upon receipt of the reply from the Delhi Development Authority pay the sum to the latter by a Bank Draft within 15 days from the date of the receipt of the reply. In default of such payment the allot- ment to him will stand cancelled. In the event of any such cancella- tion, allotment may be made to next person, if any, in that ~ub paragraph.
12. Each allotment of plot, referred to in this order, shall be in ·accordance with the application of each applicant for membership referred to in paragraph 3 hereof, that is to say, will not be entitled to any allotment of any land, the area whereof is different from the -area mentioned in his application form.
13. If any person referred to in any of the gub-paragraphs of paragraph 37 of Mr. Mookerjee's report has already paid any money to the Society and proves such payment to Mr. Mookerjee, the money -so paid and proved shall be appropriated towards payment of the ·.amounts mentioned in paragraphs No. 7, 8 aJlld 11 hereof. c [1977) 2 S.C.ll.
14. Upon allotment of land to any person mentioned in this R~ port each allottee shall pay to the Society a sum of Rs. 1,000/- withia one month from the date of such allotment as and by way of costs relating to these proceedings. In default of payment of such sum, the allotment to such person shall stand cancelled. In the event of. any such default, the procedure laid down in paragraph 10 and 11 hereof shall be followed. To sum up. In the event of any 11uch default the allotment may be made to the next person, if any, in the sub-paragraph group of the defaulting persons and thereafter to the next sub-paragraph group of persons. No lease shall be granted to any allottee until and unless all direc- tions contained in this erder are fully complied with by him. The Society shall pay to Mr. Mookerjee a further sum of Rs. 45,000/- as his remuneration for the work done by him so far. The Society shall also pay Mr. Mookerjee a further sum of Rs. 5,000/- for the work to be done by him under this order and also such f11l'- tber sum or sums as he may intimate to the ne_w Managing Com- mittee as extra expenses, including remuneration for his staff, postage etc. for the work to be done under this order. Mr. Mookerj&e'a PersC>nal Assistant Mr. Jain will be paid Rs. 300/- per month. This order shall not apply to such members of the Society whe have already obtained leases from the President of India. This order will govern only the affairs of this Society ind will not be a precedent for the affairs of any other co-operative socrety. Some persons have deposited monies with the Registrar of this Court. The Registrar may hand over the money to the S0ciety. Writ Petition No. 340 of 1972, 1526 of 1973 and 286 of 1974 and all proceedings in these writ petitions are disposed of accordingly. All parties will pay and bear their own costs. P.H.P. Petitions allowed. ~