Under Rule 25 of the Delhi Cooperative Societies Rules, financial dependency, including for adult children, disqualifies individuals from membership to prevent multiple land allotments within families, reinforcing equitable land distribution objectives.

JUDGMENT :

MANMOHAN, ACJ.

1. Present writ petition has been filed challenging the impugned order dated 19th March, 2012, passed by the Respondent No.1 – Registrar of Co- operative Societies (‘RCS’) in F. No. F46/1411/HB/WEST/422-424, holding that the Petitioner herein was not eligible to be enrolled as a member in Respondent No. 2 – Mianwali District Cooperative House Building Society Ltd. (‘Society’) and consequently, dismissed his claim for allotment of a plot, ad-measuring 400 sq. yds.

1.1. Petitioner has also impugned the order dated 15th December, 2023, passed by the Financial Commissioner in a revision petition bearing Case No. 251/2012, upholding the Respondent No.1’s order dated 19th March, 2012, and dismissing the said revision petition.

2. Brief facts necessary for deciding the present petition are as under:

2.1. It is stated that the Petitioner herein was enrolled as a member of the Respondent No.2 Society on 30th August, 1981 vide Membership No. 1023 against a plot of 400 sq. yards category and he deposited a sum of Rs. 48,763/- towards the cost of the plot. It is stated that the Petitioner’s name was approved in a unanimous resolution passed by the then managing committee of the Respondent No.2 Society and a share certificate was issued.

2.2. It is stated that the Petitioner’s name was forwarded by the RCS to Respondent No.3 – Delhi Development Authority (‘DDA’) vide letter dated 3rd May, 1985, for allotment of plot in the Society, however, his name was not included in the draw of lots held by DDA on 15th April, 1986.

2.3. It is stated that subsequently, the Petitioner’s name was withheld and an inquiry was initiated under Section 55 of the Delhi Co-operative Societies Act, 1972 (‘DCS Act’), to re-inquire into the validity of his membership in the controversy that the Petitioner herein was a minor at the time of filing of application for membership.

2.4. It is stated that subsequently, in W.P.(C) No. 5580/1993, this Court vide order dated 30th October, 1995, directed the Respondent No.1, RCS, to appoint a Chairperson to decide the objections raised against any member of Respondent No.2 Society. It is stated that in compliance with the said order, Sh. R.C. Richhariya, Director (Personnel & Grievances), Govt. of India (Retd.) was appointed as Chairperson. It is stated that the said Chairperson on 11th April, 1996 finalised a list of 632 members which included the Petitioner’s name at Sr. No. 569 and the objections against the Petitioner’s membership/eligibility were rejected.

2.5. It is stated that despite the aforesaid, due to non-allotment of plot in Respondent No.2 Society, the Petitioner herein filed W.P.(C) 24099/2005 before this Court seeking directions to Respondents for allotment of a plot. The said petition was disposed of vide order dated 25th November, .2010 with direction to Respondents to expeditiously consider and decide the case of Petitioner for allotment of plot.

2.6. It is stated that in pursuance to the aforesaid, Respondent No.1, RCS, passed an order dated 13th February, 2012, disqualifying the Petitioner from the membership on the grounds that the Petitioner was a minor and financially dependent on his parents on the date he made the application for membership in the Society.

2.7. It is stated that, however, this Court directed Respondent No.1 to reconsider the matter afresh and pass a fresh reasoned order on the issue of membership and allotment.

3. Respondent No.1 in pursuance to the afor