* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No. 4639/2013 & CM No.10634/2013 Date of decision : 2nd November, 2015 SHIV LAL & ORS ..... Petitioner Through: Ms. Nomita Roy, Adv.

versus SURYA CGHS LTD & ORS ..... Respondent Through: Mr. Subhash Chander, Adv. for R-1 Ms. Abhinandana Kain for Mr. Prashant Mehta, Adv. for DDA/R-2 Mr. Robin R. David and Mr. Febin M.

Varghese, Advs. for R-3 CORAM:

HON’BLE MS. JUSTICE GITA MITTAL HON’BLE MR. JUSTICE I.S.MEHTA JUDGMENT (ORAL)

GITA MITTAL, J

1. This writ petition has been filed by nine persons who claim occupancy of flats in the Surya Group Housing Society Limited (hereafter referred to as the „Society‟) seven out of whom are members of the society as well. It appears that petitioner nos. 2 and 9 acquired rights in flats pursuant to transactions with other members and have not been enrolled as members of the society as yet.

The petitioners pray for issuance of a writ of prohibition against the society from carrying on unauthroised construction which is contrary to the building bye-laws and a notification dated 28th February, 2012. The petitioners also seek a mandamus to the society to refund the amount of Rs.10,000/- collected from the me