Delhi High Court
Smt Jaya Asrani & Ors. vs Registrar Of Cooperative ... on 24 May, 2022
#S-52
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 24.05.2022
W.P.(C) 7101/2021
SMT JAYA ASRANI & ORS. ..... Petitioners
versus
REGISTRAR OF COOPERATIVE SOCIETIES & ORS.
......Respondents
Advocates who appeared in this case:
For the petitioners : Mr. Moni Cinmoy and Mr. Abhinav Akash,
Advocates.
For the respondents : Mr. Satyakam, Additional Standing Counsel with
Ms. Krishnashree Devee, Advocate for R-1 and Mr.
Rahul, Assistant Section Officer.
Ms. Shobhana Takiar, Standing Counsel for
DDA/R-2.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE GAURANG KANTH
JUDGMENT
SIDDHARTH MRIDUL, J. (OPEN COURT)
CM APPL.24803/2022 (Directions)
The present application under Section 151 of the Code of Civil
Procedure, 1908, has been instituted on behalf of the petitioners,
praying as follows :-
"(a) allow the present application.
(b) direct the respondent no. 1/Registrar Co-
operative Societies to immediately forward
the names of the petitioners to the
respondent no. 2/DDA for conducting the
Signature Not Verified
Digitally Signed
Signing Date:26.05.2022
17:04:41
draw of lots and consequent allotment of
the dwelling unit to the petitioners.
(c) any other order(s) or direction(s) as this
Hon'ble Court may deem fit and proper
under the facts and circumstances of the
present case may kindly be passed in
favour of the petitioners/applicants and
against the respondents.
Prayed accordingly."
A perusal of the relief prayed for in the present application
reflects that it is akin to the final relief prayed for in the subject writ
petition.
In view of the foregoing, with the consent of the learned
counsel appearing on behalf of the parties, the date of hearing of the
writ petition is advanced; and the same is being taken up for hearing
finally today itself.
The application is disposed of accordingly.
W.P.(C) 7101/2021 and CM APPL.22440/2021 (Directions)
1. The present writ petition under Article 226 of the Constitution
of India and under the Delhi Cooperative Societies Act/Rules, has
been instituted on behalf of 06 petitioners, praying as follows :-
"(i) allow the afore-titled petition.
(ii) issue a writ of mandamus thereby directing
the respondent no. 1/Registrar Co-
operative- Societies to forward the names
of the petitioners to the respondent no.
2/Delhi Development Authority for
conducting the draw of lots and the
respondent no. 3/society be directed to
hand-over the possession of the respective
flats to the petitioners, after the allotment
Signature Not Verified
Digitally Signed
Signing Date:26.05.2022
17:04:41
of the flats by the respondent no. 2, all in a
time bound manner.
(iii) any other further order(s) or direction(s) as
this Hon'ble Court may deem fit and proper
under the facts and circumstances of the
present case may kindly be passed in
favour of the petitioners and against the
respondents.
Prayed accordingly."
Having heard learned counsel appearing on behalf of the
parties and perused the material on the record, including the affidavits
filed on behalf of the Registrar of Co-operative Societies, it is
axiomatic that insofar as petitioner Nos.1, 3, 4, 5 and 6 are concerned,
all the requisite formalities, in accordance with law, have been
complied with; and therefore, there is no further impediment qua the
forwarding of their names by the Registrar of Co-operative Societies
to the Delhi Development Authority for conducting the draw of lots.
Directed accordingly.
Insofar as Sh. Dheeraj Chhabra, petitioner No.2, is concerned, it
is evident that certain formalities, as elaborated by the Registrar of Co-
operative Societies vide their communication dated 12.04.2022
addressed to the President/Secretary, Shabad CGHS Ltd., Plot No.18,
Sector-12, Dwarka, New Delhi - 110075, are in the process of being
complied with.
Considering that Sh. Dheeraj Chhabra, petitioner No.2, became
a member of the subject Society as far back on 10.05.2017, we are of
the considered view that the Registrar of Co-operative Societies must
forward his name to the Delhi Development Authority for conducting
Signature Not Verified
Digitally Signed
Signing Date:26.05.2022
17:04:41
the draw of lots, subject, however, to the completion of all the
necessary requirements, in accordance with the Act and the Rules.
It is made clear that in the event, the Registrar of Co-operative
Societies requires any further information from the subject Society in
relation to Sh. Dheeraj Chhabra, petitioner No.2, the same shall be
communicated to the Society within a period of 02 weeks from today.
Needless to state that once the draw of lots is conducted in
relation to the petitioners by the Delhi Development Authority, the
subject Society shall handover the possession of the respective flats to
the petitioners, as expeditiously as possible and preferably within a
period of 04 weeks from the date of conduct of such draw of lots.
No further directions are called for.
With the above directions, the writ petition is allowed and
disposed of accordingly.
Pending application being CM APPL.22440/2021 is also
disposed of accordingly.
The date already fixed in the petition, i.e., 28.07.2022, stands
cancelled.
SIDDHARTH MRIDUL
(JUDGE)
GAURANG KANTH
(JUDGE)
MAY 24, 2022/'AA'
Click here to check corrigendum, if any
Signature Not Verified
Digitally Signed
Signing Date:26.05.2022
17:04:41
