Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The Petitioner-Ms. Sushil Kumari has filed the present petition under Article 226 of the Constitution of India, inter alia, seeking allotment of a flat in her favour.

3. According to the Petitioner, she is a member of the East End Apartments Co-operative Group Housing Societies Ltd., Mayur Vihar-I Extension, Delhi (hereinafter, ‘Society’). The Petitioner was allotted membership no. 1132 w.e.f 19th December, 1980. Initially, the Petitioner was to be allotted a Category ‘A’ flat, however, the same was later downgraded to a Category ‘B’ flat.

4. An arbitration case bearing No.363/JR-II/GH/96-97 was filed by the Petitioner wherein she has challenged the said down-gradation. The same was decided vide award dated 8th May, 2001 and it was directed that the Petitioner shall be allotted Category ‘A’ flat. The findings of the ld. Arbitrator are set out below:

“I have heard the counsels for both the parties and have also gone through the records available in the file and after perusal of the records, it is a fact that the Claimant (Decree Holder) had opted for allotment of category-‘A’ flat. It is also an admitted fact that the Administrator vide his letter dated 02.07.1995 informed the Claimant that her category had been lower down on account of failure of making payment towards Category-‘A’ flat. In my opinion the letter informing the Claimant dated 02.07.1995 is totally against the provisions of law. Time and again, the Registrar, Co-operative Societies has issued Directive under Rules 77 that category of flat cannot be lower down without the consent of the Concerned member in writing. The society was well within right to take necessary action as per provisions prescribed under the Delhi Co-operative Societies Rules, 1973 in case the claimant had failed to make payments in addition to charge the interest on the delayed payment, but the society was not competent to relegate the Claimant.

In view of the above discussion, the Award is made in favour of the Claimant and against the respondent society. The Claimant is entitled for allotment of a flat for Category-A. Since the Registrar Cooperative Societies vide his order dated 21.05.1987 has reserved one flat of category-A for Claimant, the society is directed to hand-over the possession of the same after making the payments due towards her. The Claimant is also entitled for Rs. 5,000.00 towards Arbitration Fee deposited by the Claimant along with a cost of Rs. 1,000.00.

The award is made on this 10th day of July, 1998 under my hand and the seal of this Court.”

5. The said arbitration proceedings, thereafter, culminated in W.P.(C) 212/2016 titled ‘Sushil Kumari v. The Registrar Cooperative Societies & Ors.’ wherein vide order dated 12th January, 2016 it was directed as under:

“After some hearing, the learned counsel for the petitioner sought liberty to withdraw the present writ petition. It is stated that the petitioner’s right to be considered for allotment of a category ‘B’ flat may be reserved.

In view of the submission, the writ petition along with the pending applications is dismissed as withdrawn.

It is up to the Co-operative Society to consider its policies and applicable regulations & byelaws and having regard to the seniority position, availability of the flat and other relevant parameters, consider petitioner’s requests in accordance the law.”

6. Thus, as on date, the Petitioner is willing to take a Category ‘B’ flat and is not pressing for relief on Category ‘A’ flat.

7. The position presently is that the Petitioner has still not been allotted the Category ‘B’ flat. Hence, the prayer is for allotment of flat in favour of the Petitioner. Notice was issued in this petition on 25th March, 2025 and the affidavits of the Respondents have come on record.

8. Firstly, the stand of the Delhi Development Authority (hereinafter, ‘DDA’) is that no recommendation has been received from the Registrar Coo