IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

209 (02) Decided on : 28.10.2025 HARPAL SINGH . .Appellant Versus THE REGISTRAR COOPERATIVE SOCIETIES CUM DEPUTY COMMISSIONER AND OTHERS . . . Respondents

2. LPA-1890-2017 (O&M)

PAWAN GOEL . .Appellant Versus THE REGISTRAR COOPERATIVE SOCIETIES CUM DEPUTY COMMISSIONER AND OTHERS . . . Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI PRESENT: Mr. Gurminder Singh, Senior Advocate with Mr. I. S. Saggu, Advocate for the appellants in both appeals.

Ms. Madhu Dayal, Advocate for respondent-UT, Chandigarh.

Mr. Alok Jagga, Advocate for respondent No. 3 in LPA No. 1890 of 2017. Mr. Sarabjit Singh, Respondent No. 3 in person, in LPA No. 1887 of 2017.

HARSIMRAN SINGH SETHI , J. (Oral)

1. Present two appeals, the details of which are mentioned in the heading, involve common point of law and common set of facts, hence, they are being dealt together. For the sake of convenience, the facts are being taken from LPA No. 1887 of 2017.

2. In the present appeals, the challenge is to the order passed by learned Single Judge dated 05.09.2017 by which, the memo dated 10.02.2015 received by appellants in pursuance of resolution dated 05.02.2015, cancelling allotment made in favour of the appellant passed by administrator of the Registrar Cooperative Societies, has been upheld, according to which resolution/memo , the substitution made by the society against surrender of flats by certain members on account of their cancellation due to failure of requisite payment for the allotment of the certain flats to other members on the ground that same was against the bye-laws of the society as well as that no prior approval was taken from the competent authority i.e. Registrar Cooperative Societies.

3. Certain facts need to be noted for the correct appreciation of the issue in hand.

4. The Society, namely, Chandigarh Sector-16, Cooperative House Building (First) Society ltd. Victoria Enclave, was allotted land by the Chandigarh Housing Board on 25.01.2002 in Sector 50- C, Chandigarh for construction of dwelling units and allotting the same to its members. The respondent No. 3-Sarabjit Singh in LPA No. 1887 of 2017 and respondent NO. 3-Chitranjan Aggarwal in LPA No. 1890 of 2017 were initially allotted the dwelling units by the society concerned being member of the society.

5. Thereafter, dispute qua default of payment arose and a resolution dated 17.05.2010 (Annexure P-2) was passed by the society so as to cancel the allotment made in favour of five allottees whose default in payment was more than Rs. 7,50,000/- and the dwelling units which so allotted to others become vacant consequently to be allotted to other members.

6. On the basis of the resolution dated 17.05.2010 (Annexure P-2), a meeting of society concerned was held on 25.05.2010 wherein, the cancellation of dwelling units allotted in favour of private respondent No. 3- Sarabjit Singh in LPA No. 1887 of 2017 and private respondent NO. 3- Chitranjan Aggarwal in LPA No. 1890 of 2017 was done and the said dwelling units were subsequently allotted to appellant- Harpal Singh in LPA-1887-2017 and appellant- Pawan Goel, in LPA-1890-2017 respectively. 7. After passing the said resolution vide order dated 25.05.2010 (Annexure P-4), the society concerned sent the requisite names of substitute members to Joint Registrar Cooperative Society for approval of substituted names vide letter dated 22.10.2010 (Annexure P-9). In pursuance to the said letter an order dated 30.01.2015 (Annexure P-12) was passed by Registrar Cooperative Societies, declining substitution of the name recommended by the society by giving a numbers of reasons such as that the vacant dwelling units on cancellation should have been allotted by way of draw of lots and further that the substitution done qua certain flats including the flats which were allotted to the appellants herein was done contrary to the act, rules, bye-laws as no prior approval was taken fr