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2016 Supreme(Del) 3426

SANJIV KHANNA, SUNITA GUPTA
RITU SAHU JAIN – Appellant
Versus
ASHOK SARDANA – Respondent


Advocates Appeared:
For the Petitioners: Mr. Jayant K. Mehta and Mr. Anshuman Sahni.
For the Respondents: Mr. C. Mohan Rao, Mr. Lokesh Kumar Sharma and Ms. Rushi Jain.

JUDGMENT :

SANJIV KHANNA, J.

1. Ritu Sahu Jain, the petitioner in this writ petition, impugns the order dated 12th April, 2005 passed by the Financial Commissioner holding that she was disqualified from being a member of the Nav Sansad Vihar Cooperative Group Housing Society Limited (Cooperative Society, for short) under Rule 25 of the Delhi Cooperative Societies Rules, 1973 (Rules, for short) as she was the owner of 1000 square metres of land in the extended village abadi in the village Kapashera, New Delhi.

2. The contentions raised by the petitioner are as under:-

(i) Rule 25 being a disabling provision should be strictly interpreted. Rule 25(1)(C)(i) of the Rules was not violated as the petitioner did not own any residential house or plot of land for construction of a residential house.

(ii) The Financial Commissioner erroneously reversed the finding of the Registrar, Cooperative Societies that 1000 square metres of land in the extended abadi area of village Kapashera was non-residential land. The Financial Commissioner ignored and did not appreciate the fact that a godown had been con















































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