Raman Vihar Cghs Ltd vs The Registrar Co-Operative ...
2016 Latest Caselaw 5194 Del

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*IN THE HIGH COURT OF DELHI AT NEW DELHI
+                       W.P.(C) 2197/2016

                                    Date of order: 8th August, 2016

RAMAN VIHAR CGHS LTD                         ..... Petitioner
                 Through    Mr. Akhil Sibal, Advocate with
                 Mr. Pradeep Chhindra, Mr. Apar Gupta and
                 Ms. Garima Jain, Advocates.

                        versus

THE REGISTRAR CO-OPERATIVE SOCIETIES AND ANR
                                                  ..... Respondent
                  Through     Ms. Swaty S. Malik and Mr. Harsh
                  Nagar, Advocate for R-1.
                  Mr. Rakesh Munjal, Sr. Advocate with Mr. N.
                  Qayam-ud-din, Advocate for applicant in
                  C.M.Nos.17177/2016 & 28584/2016.
                  Mr. Sanjay Kumar Pathak and Ms. Kaumudi
                  Kiran Pathak, Advocate for the applicant.

CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MS. JUSTICE SUNITA GUPTA

SANJIV KHANNA, J. (ORAL)

The petitioner-Raman Vihar Cooperative Group Housing Society

Ltd. has filed the present writ petition seeking implementation of the

order dated 27th August, 2015 passed in W.P.(C) No.5206/2015, Jai

Kishan Bansal Vs. Managing Committee of Ram Vihar CGHS Limited

& Ors. directing the Registrar Cooperative Societies to complete the

procedure of conducting the draw of lots after verification of the

members of petitioner society within three months. The operative

portion of the said order reads as under:-

"In view of the stand taken by the counsel for the parties, we dispose of the present writ petition with the following agreed directions:

i) the petitioner shall furnish the proof of payments again to the respondent Society within one week from today. In case, the respondent Society is not satisfied, the Society may seek further information from the petitioner and in case, Society is satisfied, the name of the petitioner will be included in the list of Members and forwarded to the Registrar.

ii) The Registrar of Society is directed to take necessary steps for conducting necessary verification for which the Society shall cooperate and provide all necessary information.

iii) The Registrar of Society will then conduct the draw of lots.

iv) The Registrar of society will complete the entire procedure within three months.

v) The respondent Society will furnish the list of remaining 23 members including the petition or any similarly placed Member within two weeks and a composite draw of lots will be conducted.

vi) DDA is directed that as far as possible, draw of lots shall be conducted within three months after the aforesaid

process.

vii) Registrar of Society will also consider the present writ petitioner as the representation of the petitioner and after giving an opportunity to him, will pass a speaking order within four weeks from today."

2. One Ms. Sangeeta Goswami, a newly enrolled member of the

petitioner Cooperative Society, had filed Review Petition No.271/1026

for recall of the order dated 27th August, 2015. The review petitioner had

protested against her name not being included in the list of members

eligible for allotment and that the representation made by her to the

Registrar, Cooperative Societies was not being decided in view of the

order dated 27th August, 2015. The Court recorded that there was no

communication on record from the Registrar, Cooperative Societies

stating that the case of the review petitioner was not being considered in

view of the order dated 27th August, 2015 and additionally, the Court had

not restrained the Registrar, Cooperative Societies from considering the

representation made by the review petitioner or by any person, who

claims to be a member of the society. Dismissing the Review Petition, the

Court recorded that the review petitioner would approach the Registrar,

Cooperative Societies to decide the representation as early as possible

and in case there was no decision by the Registrar, Cooperative Societies

within a reasonable time period, take recourse to such remedies as

available in law.

3. The issue before us relates to the forwarding of eligible names of

members by the Registrar Cooperative Societies to the Delhi

Development Authority for conducting limited draw of lots for allotment

of flats. We do not find the need to enter into and set out the past history

of litigation. Required and necessary facts are being noticed and

recorded.

4. There are 64 "vacant flats" for which there are 71 claimants/

members. Earlier, 8 members of the petitioner society were expelled. On

challenge being made, expulsion of 7 members was set aside by the

Registrar, Cooperative Societies. The petitioner Cooperative Society has

filed two revision petitions against this order passed by the Registrar,

Cooperative Societies dated 1st May,2013 against Md. Zakir and Gulzar

Begum and Md. Khizer and Md. Raza, which are pending before the

Financial Commissioner. The operation of the order passed by the

Registrar, Cooperative Societies has not1 been stayed. Further, the Revision Petition are limited and restricted, as the challenge is to the orders cancelling the expulsion of members in these two cases and not in the

The word 'not' has been added in terms of the order dated 07.09.2016.

case of five others.

5. The Registrar of Cooperative Societies has, in the meantime,

examined the list of members and after verification, has accepted the

papers submitted by the 50 members including 4 members, who were

earlier de-enrolled and pursuant to the orders passed by the Registrar,

Cooperative Societies rescinding their expulsion, have now been held to

be valid members of the petitioner Cooperative Society.

6. The Counsel appearing for the petitioner, Registrar, Cooperative

Societies as well the respondents including the applicants in

C.M.No.21411/2016 (Applicant-Sunil Tomar), C.M.No.28584/2016

(Applicant-Sanjay Sareen) and C.M.No.17177/2016 (Md. Khizer & Md.

Raza), have agreed that the present petition be disposed of with the

following directions:

(i) The Registrar, Cooperative Societies will send names of all the

members who have submitted their papers and whose verification is

complete and accepted, as per the list maintained by the Registrar,

Cooperative Societies, on or about 26th September, 2016.

(ii) In the meanwhile, it will be open to the newly enrolled members of

the petitioner Cooperative Society to challenge the orders passed by the

Registrar, Cooperative Societies in favour of the 7 members whose

expulsion has been set aside. The said members state that they may file

applications in the revision petitions filed by the Raman Vihar CGHS

Ltd.2 pending before the Financial Commissioner, or they may file

independent revision petitions. This consent order or the liberty granted

should not be construed as accepting (or rejecting) the applicant's claim

to be impleaded as parties or heard in the pending revision petitions.

Neither does it reflect or opine on whether their claim has merit or should

be dismissed.

(iii) It will be open to the said members to pray for and obtain stay

from the Financial Commissioner. In case there is a stay in general or

against a particular member, the Registrar Cooperative Societies will

abide by the said stay order passed by the Financial Commissioner.

(iv) The members who have not submitted their papers are at liberty to

submit necessary papers and documents on or before 2nd September, 2016

and on submission of the documents, the Registrar, Cooperative Societies

will fix dates of hearing between 3rd September, 2016 and 16th September, 2016. The decision will be taken on or before 26th September, 2016. In case any member is aggrieved, he will be entitled to question

is substituted for 'Registrar Cooperative Societies' in terms of the order dated 07.09.2016

and challenge the said order in accordance with law.

(v) The Registrar Cooperative Societies and the President of

Management Committee of the Cooperative Society will circulate this

order by sending letters under registered post to all such persons whose

names are pending consideration and approval by the Registrar

Cooperative Societies, including the newly enrolled members. This order

will be also circulated to the 7 members, who were earlier expelled and

whose expulsion has been set aside. The letters will be posted within a

period of ten days from today.

7. We clarify that we have not expressed any opinion on merits of the

inter se claim and dispute between the members. The purpose and object

of the order is to only expedite sending of names of eligible and assured

members of the petitioner Cooperative Society to the Delhi Development

Authority for conducting the draw of lots. The dispute, as apparent, is

with regard to 7 flats, for which the other eligible and undisputed

members should not be penalised.

8. However, there is one aspect on which we are required to issue a

Court order. Learned counsel appearing for the Registrar Cooperative

Societies has submitted that 42 flats are in occupation of unauthorised

persons. The flats were the subject-matter of self-draw held in the

General Body Meeting dated 25th August, 2013. The Registrar,

Cooperative Societies insists that the occupants should furnish a „No

Objection Certificate‟ before they send the list of eligible members to the

Delhi Development Authority for conducting the draw of lots for the 64

flats, inclusive of these flats. The self-draw of lots has been struck down

by the High Court vide order dated 27th August, 2015 and the said order

has attained finality. This being the position, the Registrar, Cooperative

Societies does not require „NOC‟ from these occupants. In case any of

the occupants do not vacate the flat, appropriate action in accordance

with law including action under Section 90 of the Delhi Cooperative

Societies Act, 2007 can be taken, if required and necessary. We may note

that the Delhi Development Authority has a policy of interchange of flats

which means that „NOC‟ may not be necessary or pre-requisite for

sending names to the Delhi Development Authority for the conducting

the draw of lots.

9. The aforesaid directions consented to and accepted by the Court

are made in the peculiar facts of the present case and may not be

construed by the Registrar, Cooperative Societies as a binding precedent

which should be followed and applied in other cases.

9. The writ petition is disposed of.

SANJIV KHANNA, J.

SUNITA GUPTA, J.

AUGUST 08, 2016 NA