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1996 Supreme(Del) 57

High Court Of Delhi
SECTOR TWENTY-ONE OWNERS WELFARE ASSOCIATION (STOFWA) - Appellant
Versus
AIR FORCE NAVAL HOUSING BOARD - Respondent
Decided On : 01/08/1996

Headnote:Constitution of India - Article 226(2) — Territorial Jurisdiction to entertain Writ Petition — Lies with High Court where cause of action mainly and substantially arises — Residence of proforma, ancillary, unnecessary parties irrelevant for determining jurisdiction.

       Held:

       "The emphasis has shifted from the residence or location of the person or authority sought to he proceeded against to the situs of the accrual of cause of action wholly or in past. It is also clear that a trivial or insignificant part of the cause of action arising at a particular place would not be enough to confer writ jurisdiction; it is the cause of action mainly and substantially arising at a place which would be determination factor of territorial jurisdiction. So also it shall have to be kept in view who are the real persons or authorities sought to be proceeded against or against whom the writ to be issued by the Court would run. Joining of proforma or ancillary parties, and certainly not the joining of unnecessary parties, would be relevant for the purpose of Article 226(1)."(para 13)

R. C. Lahoti. J.

( 1 ) THE petitioner is a Society registered under the Societies Registration ACt, 1860 with Sub-Registrar of Firms Chits and Societies Meerut, since 16th April 1986. Its membership consist of certain flat owners situated within the territorial periphery of NOIDA (New Okhla Industrial Development Authority), in the State of U. P.

1. 1 The respondent No. l - Air Force Naval Housing Board (hereinafter the Board, for short) - is also a Society registered under the Societies Registration Act, 1860 in Delhi.

1. 2 The respondent No. 2 - NOIDA is a statutory authority constituted under Section 3 of the U. P. Industrial Area Development Act, 1976.

1. 3 Respondent No. 3 - Jalvayu Vihar Sehkari Awas Samiti Ltd. (hereafter the Samiti, for short) - is a Society incorporated, under the provisions of the U. P. Cooperative Societies Act, 1965 and the Rules made thereunder.

( 2 ) THE flat owners represented by the petitioner-society have certain grievances in respect of execution and registration of sale deed-cum-sub lease deed in resect of super structure of residential units and for land underneath the flats. They have filed this petition seeking quashing of annexures P-11, 14 and 15. It appears that the respondents are insisting on execution of the deeds in the prescribed proforma Annexure P-13 and the petitioners are not agreeing unless and until certain clauses are deleted therefrom.

( 3 ) ANNEXURE P-11 is a circular entitled - "steps to be taken AFNHB s allottees of NOIDA Schemes for execution of sub-lease deed". Annexure P-13 is the proforma of sale deed-cum-sub lease deed. Annexure P- 14 is a letter dated 10. 4. 95 issued by the respondent No. l to one of the members of the Society.

( 4 ) ACCORDING to the petitioner, the Board- respondent No. 3, has sponsored the Society-respondent No. 4, with a view to create an intermediary and conduit through which funds would be extracted from the flat owners on one pretext or the other. Seeking restraint against some of the activities of the respondents a suit against Registrar Co-operative Societies U. P. and the Society-respondent No. 3 has been filed before a Court of Sub-Judge at Ghaziabad, U. P. which is still pending. At one point of time, the petitioner- association had inconsultation with the Society- respondent No. 3 formulated a Committee which had agreed to go in for registrations under the U. P. Ownership of Flats Act, 1975. However, the Society-respondent No. 3 did not persue the matter and therefore the petitioner had to file a civil writ N0. 3968/90 before the High Court of Delhi which was withdrawn because of want of jurisdiction in Delhi High Court.

( 5 ) IT is further submitted by the petitioner- Association that the allottees of the flats are being compelled to become members of an illegally formed Society-respondent No. 3. Common areas, common facilities and common lands have been handed over to the Society-respondent No. 3 albeit without a legal conveyance deed and/or a legal consideration which is all illegal. .

( 6 ) A perusal of the several averments made in the petition clearly goes to show that the petitioner- Association is aggrieved by the existence of the Society-respondent No. 3 and its acting as someone in between the petitioner and the respondents No. l and 2. The fact remains that all the grievances raised by the petitioner are an outcome of the flats situated in NOIDA (U. P.) and the existence of certain laws in the State of Uttar Pradesh which are sought to be implemented and enforced through the respondents. A relief has also been sought for that the sale deed-cum-lease deeds be directed to be registered at Delhi by virtue of the permissible provision incorporated in Section 30 (2) of the Indian Registration Act though ordinarily the such deeds are to be registered with the Sub-Registrar or the Registrar having jurisdiction over NOIDA where the flats are situated. In short, so far as the cause of action is concerned, it wholly arises within the




















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