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2014 Supreme(Del) 2634

G.ROHINI, RAJIV SAHAI ENDLAW
Balraj Singh Malik – Appellant
Versus
Govt. of Nct of Delhi – Respondent


Advocate Appeared:
For the Petitioner:Sanjay Sharawat with Ratish Kumar, Advocates.
For the Respondents:R1, Sangeeta Sondhi, Advocate.

Judgment

Rajiv Sahai Endlaw, J.

1. This petition under Article 226 of the Constitution of India impugns Rule 102(2) of the Delhi Co-operative Societies Rules, 2007 (Rules) framed under the Delhi Co-operative Societies Act, 2003 (the Act) to the extent it enables the General Body of the Co-operative Group Housing Society to fix higher charges of essential services in respect of dwelling units which are on rent and in possession of tenants, on the ground of being ultra vires Sections 76, 89 and 93 read with Section 137(2) and other provisions of the Act and Article 14 of the Constitution of India. Axiomatically, the decision taken by the respondent No.2 Crown Co-operative Group Housing Society Ltd., Dwarka, Phase-I, New Delhi in its Annual General Body Meeting held on 12th October, 2014 and as recorded in Minutes/Letter dated 26th October, 2014, to increase the maintenance charges for flats on rent from the existing rate of Rs.2624/- per month by Rs.300/-per month from November, 2014 till March, 2015 and by Rs.500/- with effect from April, 2015, is also impugned.

2. It is the case of the petitioner:

(i) that the respondent No.2 Society was allotted land at plot No.18-B, Sector-7, Dwarka,





























































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