Om Parwal vs Delhi Administration And Ors.
1991 Latest Caselaw 245 Del

JUDGMENT

B.N. Kirpal, J.

(1) Rule D.R.

(2) The challenge in this writ petition is to the decision of the respondents in not registering the petitioners.

(3) The petitioners had applied for its registration as a Cooperative Group Housing Society. The registration was sought under the provisions of the Delhi Cooperative Societies Act, 1972. The application of the petitioner dated 26th June, 1989 was declined by the respondents vide their letter dated 11th September, 1989. The reason stated in this letter was that no Cooperative Group Housing Societies were being registered as there was an administrative ban on new registration of Group Housing Societies.

(4) An appeal against the said decision was filed. The Lt. Governor, vide his order dated 25th April, 1990 dismissed the said appeal reiterating that there was an administrative ban on registration of new cooperative group housing societies. It was stated that 1400 societies have already been registered and they were awaiting allotment of land.

(5) In our opinion, the decision of the respondents is contrary to law. If an applicant satisfies the provisions of the Delhi Coperative Societies Act and the Rules framed there under then it has a right to seek registration under the said provisions. Registration of any cooperative society including a Group Housing Society is not dependent on whether ultimately land can be allotted to the society or not. Apart from the fact that in the writ petition it has been stated that the petitioner will not seek the land from the Dda, the registration of a society does not ipso facto mean that the society will have any right to claim land from the Government. The cooperative society, if and when" registered, can acquire any land by private negotiations, which may be available to it, and construct a group housing complex. There is no provision of the Act or the Rules' which can enable the provisions relating to registration in the Co- operative Societies Act being set at naught by an administrative decision. Any administrative decision, in this behalf, being contrary to the provisions of a statute has to be quashed.

(6) We, therefore, allow the writ petition, issue a writ of certiorari quashing the order dated 25th April, 1990 of the Lt. Governor and the order dated 11th September, 1989 of the Assistant Registrar and issue a writ of mandamus directing the Assistant Registrar to deal with the petitioner's application for registration on merits, in the light of the observations made in this judgment. There will be no order as to costs.