W.P. (C) 1006/2019

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$~23

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 1006/2019

PRAVIN KUMAR

.....Petitioner

Represented by:

Mr. Pavan Kumar, Advocates.

versus

THE REGISTRAR CO-OPERATIVE SOCIETIES AND ANR.

...... Respondent

Represented by:

Mr. Shadan Farasat, ASC with Ms.

Hafsa Khan & Mr. Aman Naqvi,

Advocates.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA

MUKTA GUPTA, J (ORAL)

1. Father of the petitioner became a member of respondent no.2 –Group

Housing Society i.e. Raj Vihar Cooperative Group Housing Society on 10^th

October, 2004 when he was employed in the Central Government. Since

then the father of the petitioner followed by the petitioner are running from

pillar to post in getting an approval from the Registrar, Co-operative

Societies (RCS) for allotment of a flat in the respondent no.2- Group

Housing Society. Father of the petitioner passed away on 6^th July, 2007 and

thereafter the membership was transferred in the name of the petitioner on

21^st September, 2008, but, neither the name of the father of the petitioner nor

the petitioner was ever referred by the respondent no.1-RCS for allotment of

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001603

W.P. (C) 1006/2019

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the flat in the respondent no. 2-Group Housing Society. The plea

consistently taken by the RCS till date is ‘The original member Late

K.K.Yadav was never a resident of Delhi and he always remained posted

outside Delhi although he was a Central Government employee and

documents submitted by him contained addresses outside Delhi’. When

despite repeated representations, the respondent no. 1 failed to forward the

name of the petitioner for allotment of flat with DDA, the petitioner was

constrained to file the present petition.

2. In response to the present petition, an affidavit dated 20^th July, 2019

was filed by Mr. Amitabh Joshi, Asstt. Registrar, Cooperative Societies.

According to the said affidavit, the father of the petitioner became a member

of the society on 10^th October, 2004 and at that time the circular dated 18^th

May, 1990 was not relevant as Rule 24 of the Delhi Cooperative Societies

Act, 1973 was amended and this amended rule was applicable on the date on

which the father of the petitioner obtained membership of the society. Thus

it was incumbent for every member of the Group Housing Society to be a

resident of Delhi for a minimum period of three years at the time of applying

for membership in any society. As the original member was not covered

under this category, hence, his case was not considered by the Committee

for allotment of the respondent no.1 constituted under Rule 90 (in short the

‘Rule 90 Committee’) and order dated 27^th December, 2017 was passed as

per the decision taken by Rule 90 Committee as not a fit case for allotment.

3. After hearing the parties, this Court vide order dated 23^rd March, 2022

passed the following order:-

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001603

W.P. (C) 1006/2019

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petitioner in the respondent No. 2-Society on27^th

respondent No. 1 relies upon a notification dated 27^th

April 1997 and claims that after the circular dated 16^th

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001603

W.P. (C) 1006/2019

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This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001603

W.P. (C) 1006/2019

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as the case may be”

Provided that the repeal shall not affect —

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001603

W.P. (C) 1006/2019

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4. Once the presence of the Registrar Cooperative Societies was directed

by this Court, a revised affidavit has been filed by the respondent under the

signatures of Mr. Sanjay Jha, Assistant Registrar.

5. Learned counsel for respondent no. 1 at the outset admits th