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SIDDHARTH MRIDUL, AMIT SHARMA
Suman Pujari, Dr. – Appellant
Versus
Registrar Co-operative Societies, Govt. Of NCT Of Delhi – Respondent
JUDGMENT
Amit Sharma J. - The present writ petitions under Articles 226 read with Article 227 read with Article 14 read with Article 300A of the Constitution of India involves a dispute with respect to an allotment of Flat No. B-29, Prem Kutir Cooperative Group Housing Society Ltd. (respondent No. 2 in both the petitions). With the consent of learned counsel for the parties, the said writ petitions were taken up for final hearing and are being disposed of vide this common judgment.
2. In order to appreciate the issue involved in the present matter, following facts, spanning nearly three decades, are relevant for deciding the present subject dispute involved in the aforesaid writ petitions. The following facts are being culled out from the Counter affidavit filed by respondent No. 4 (Dr. Suman Pujari) in
W.P. (C) No. 1647/2015;-
(i) That on 21.01.1990, respondent No. 4 applied for membership of respondent No. 2 society and deposited Rs. 110/- towards admission fee and share money with application form and Rs. 75,000/- towards cost of construction and land money.
(ii) Thereafter, on 09.09.1990, respondent No. 2 society conferred membership No. l43 to respondent No. 4 against resignation o
The main legal point established in the judgment is the final determination of entitlement to the flat based on previous orders and the principle of lis pendens, which prevents parties from circumven....
Court upheld the rights of a bona fide member of a cooperative society to her originally entitled flat, reinforcing judicial authority to rectify unfair membership disputes.
Court emphasized that levying charges on a member without providing possession of property is unreasonable, particularly in long-standing disputes spanning decades.
Housing societies cannot admit members for non-existent refuge area spaces sold as flats by divested developer, as it violates membership limits; distinguishes from unauthorized construction disputes....
The absence of a registered conveyance deed precludes the Society from claiming any rights to the plot, and principles of res judicata apply to prevent re-litigation of the same issues.
Substantial compliance with statutory provisions ensures the legality of auctioning flats by a cooperative society, fulfilling the legislative intent while safeguarding member interests.
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