Sanjay Kishan Kaul, J.

1. The Nav Nirman Cooperative Group Housing Society Ltd.(`the Society' for short), a registered society and now governed by the provisions of Delhi Cooperative Societies Act, 2003 was allotted 4.4 acres of land being Plot No. 7, I.P.Extension for construction of residential flats for its membe Rs. The Society has 264 members and flats were constructed for the membe Rs. There were only 118 covered car garages available against those flats. Applications were invited from the members on 26.06.1990 estimating the cost of each garage at Rs. 30,000/-. In view of there being less garages than the applicants, a draw of lots was held on 24.02.1991 and the successful persons were allotted garages. Soon thereafter, one of the members surrendered a car garage which was allotted to the first member on the waiting list since the waiting list was maintained of the members who had not been allotted garages.

2. Flats allotted by DDA and by societies in Delhi were sold on a power of attorney basis in large numbe Rs. This modus was adopted on account of there being restriction on transfer of such flats (or plots) and thus agreement to sell, GPA, SPA, Will etc. were a set of documents which were executed for transfer of such flats/plots. In order to regularize such transfers, a scheme was propounded for conversion of leasehold rights into freehold on payment of certain premium. The premium was 33 per cent larger for flats sold on a power of attorney basis.

3. Some of the members of the Society sold the flats. The car garages were also sold where a member had been allotted such a garage. R-1 to R-4 in WP(C) No. 588/2009 challenged the sale of garages by filing a claim petition under Section 60 of the Delhi Cooperative Societies Act, 1972. These claim petitions were dismissed by the arbitrator vide an order dated 10.06.2004. The said respondents, R-1 to R-4, preferred an appeal before the Delhi Cooperative Tribunal. This appeal was allowed on 08.06.2007 in terms whereof the Society was directed to take legal action against original allottees of parking spaces who had sold their flats to others, recover the parking spaces from them and then allot them to the waitlisted members of the Society. The General Body of the Society passed a resolution on 30.09.2007 resolving that in modification of the earlier resolutions on this subject, allotment of covered car and scooter garages, be treated on ownership basis with heritable and transferable rights at par with the flats and simultaneously resolved to file a review application in respect of the order dated 08.06.2007. The review application was thereafter filed, but the same was dismissed as barred by time in terms of the order dated 24.03.2008.

4. The Society has filed a WP(C) No. 588/2009 under Articles 226 and 227 of the Constitution of India seeking quashing of the orders dated 08.06.2007 and 24.03.2008 passed by the Delhi Cooperative Tribunal. Simultaneously, three transferees of the flats, who got the benefits of the garages also filed a writ petition being WP(C) No. 9002/2009 challenging the same very orde Rs.

5. The impugned orders are predicated on a reasoning that the Society while deciding to allot parking spaces on licence basis had not anticipated the result of future sales of flats on power of attorney basis. The appellants before the Tribunal (original claimants) were members of the Society who had not raised the issue in the General Body Meetings when deliberations took place and allotments were made. The lump sum amount recovered from the allottees was stated to be a security deposit to be refunded at the time of surrender of parking spaces. It was thus concluded that the arbitrator had fallen into an error in holding that the power of attorney purchasers had stepped into the shoes of the original members as parking space was not a part of the space of the flat. It is in these circumstances that the directions referred to aforesaid were issued.

6. We have heard learned c