IMPORTANT POINTS
Revival of housing cooperative societies under liquidation by person other than original promoters at the instance and cost of building mafia is illegal.
Delay in filing appeal which is condoned d not mean acquiescence.

JUDGMENT

DEEPAK GUPTA, J.

C.A.NO. 6805 OF 2013 & C.A.NOS. 6803-6804 OF 2013

These appeals are being disposed of by a common judgment since common issues of fact and law are involved.

2. We may first refer to the facts of Civil Appeal No. 6805 of 2013 relating to Bankmens Co-operative Group Housing Society (hereinafter referred to as the ‘Bankmens CGHS’). Some employees of the State Bank of India resolved to form a Co-operative Group Housing Society, namely Bankmens CGHS Ltd., on 06.10.1983 under the Chairmanship of one Deepak Khanna. The Society was registered with one Shri R.K. Mangla, as its Secretary. The Society had given a list of 74 promoter members. Correspondence was exchanged between the Bankmens CGHS, Registrar of Co-operative Societies (hereinafter referred to as ‘RCS’) and the Delhi Development Authority (hereinafter referred to as ‘DDA’). The Bankmens CGHS did not comply with various directions of the RCS and it was placed under liquidation on 30.03.1992. Though Liquidator was appointed, he did not take over the records of the Bankmens CGHS.

3. Some time between 1999-2000, almost after 16-17 years the Bankmens CGHS had been formed, and 7 years after it was placed under liquidation, an application for revival of the Society was filed by one Rajan Chopra. Admittedly he was not one of the original promoters of the Society. Though initially, objections were raised to the revival of the Society, the Society was finally revived on 13.07.2000. On 22.08.2000, a list of 74 members of the Bankmens CGHS was approved for allotment of land and on 02.11.2001, the appellant DDA issued provisional Letter of Allotment of land to the Society. Though the land was allotted yet the same was not handed over to the Society. Aggrieved by this, the Bankmens CGHS filed a Writ Petition No.1521 of 2004 before the Delhi High Court in 2004 and on 31.05.2004, this petition was disposed of with a direction that land be provided to the Bankmens CGHS. Against this, the DDA filed an LPA No. 912 of 2004 which was disposed of on 08.02.2006, directing that the verification of members be undertaken either by the DDA or by the RCS and, thereafter, possession of land be handed over to the Society within a period of two months subject to making payment as demanded by the DDA.

4. The case of the appellant is that when it requested the RCS to verify the names of the members, the reply given was that all the records of the Bankmens CGHS were with the Central Bureau of Investigation (hereinafter referred to as the ‘CBI’) pursuant to the directions issued by the High Court of Delhi in Writ Petition No. 10066 of 2004, filed by one Yogi Raj Krishna Bankmens Co-operative Group Housing Society Ltd. & Ors. Thereafter, DDA wrote to the CBI but the CBI did not provide the record and replied that it was the duty of the RCS to verify the names of the members. In the year 2012, the Bankmens CGHS filed another Writ Petition No. 3546 of 2012 praying for directions to the DDA to handover the vacant possession of plot pursuant to the directions in LPA No.912 of 2004 decided on 08.02.2006. The Writ Petition was disposed of on 23.07.2012. The Delhi High Court directed the DDA to process the case of the Bankmens CGHS for possession of plot within a period of one month. This order is under challenge in Civil Appeal No. 6805 of 2013 @ SLP (C) No.18747 of 2013.

5. The facts of Safdarjung Co-operative Group Housing Society (hereinafter referred to as ‘Safdarjung CGHS’), are similar. The Safdarjung CGHS was registered with the RCS on 18.11.1983. One Shri Sudarshan Tandon moved an application on 09.08.1983 for registration of the Safdarjung CGHS showing that it had 83 promoter members. The Society wanted to change the names of its members but this action was not approved by the RCS and finally on 06.11.1990 an order was passed for liquidating the Safdarjung CGHS. Some of the records of the Safdarjung CGHS came into possession of one Mahanand Sharma who was not even a member of the S