W.P.(C) 1538/2020 Page 1 of 10

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Decided on: 29^th April, 2022

+

W.P.(C) 1538/2020 & CM APPL. 5372/2020

T. N. HAOKIP

..... Petitioner

Represented by:

Mr. Karan Gaur, Adv.

versus

REGISTRAR, CO-OPERATIVE SOCIETIES AND ORS.

..... Respondent

Represented by:

Mr. Santosh Kr. Tripathy, Standing

Counsel with Mr. Sidharth Krishna

Dwivedi, Adv. for R-1/RCS.

Ms. Mrinalini Sen, Standing Counsel

with Ms. Niharika Zauhari, Adv. for

R-2/DDA.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

MUKTA GUPTA, J. (ORAL)

1.

The petitioner became a member of the respondent No.3/Sapna Ghar

Cooperative Society (in short the Society) on 30^th September, 2003 bearing

membership No. 409 and is in legal and lawful possession/ occupancy of

Flat No. 1-7/2 in the Society. After completing a thorough verification

process the name of the petitioner was forwarded by the Society to the

Registrar Cooperative Society along with 122 members. The respondent

No.1 thereafter conducted another round of thorough verification of the

relevant and necessary documents before proceeding to clear the petitioner’s

name in June 2008 as is evident from the notings of the file of the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001722

W.P.(C) 1538/2020 Page 2 of 10

respondent. It is also noted that the Society had free strength of 150

members and 130 dwelling units. The last election of the Society was held

on 26^th September, 2004, however due to certain anomalies the Managing

Committee was superseded by RCS and an Administrator appointed on 10^th

April, 2007. An auditor was also appointed to audit. The name of the

petitioner was noted at serial No.81 in the administrative file.

2.

As per the notings, the respondent No.3/Society had already published

its list of resigned/existing members in the newspapers and the said list was

also available on the website of RCS and the objections received therein

have been disposed by the administrator. It was further noted that in view of

the verifications conducted including from the audit reports, the proposal of

clearing of membership from 122 members of the Society for draw of lots

may be forwarded to the Screening Committee for taking a final decision.

However, the proceedings took time and the noting dated 2^nd March, 2009

further notes that status of the file of Sapna Ghar of the Society was

submitted to the Committee constituted under Rule 90 of the Delhi

Cooperative Society Rules (in short the DCS Rules) which included the

name of the petitioner as well at serial No.59 with membership No.409.

3.

Since no action was taken, the petitioner along with others who were

the members of the respondent No.3/society filed a writ petition being

W.P.(C) 11304/2016 claiming that the petitioners were members of the

Freeze List of the respondent No.3/society whose name had been cleared

under Schedule VII of the DCS Rules 2007 submitted by the respondent

No.3/society in February 2008 which was finally approved by the respondent

No.1 after thorough verification and scrutiny of documents. It was stated

that the validity of the said list has not been challenged in any Court of law.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001722

W.P.(C) 1538/2020 Page 3 of 10

Further, due to the rampant corruption in the office of respondent No.1, 26

Group Housing Societies including the respondent No.3 were forced to hold

self-draw of their flats during the period 2010-2011. Even in the said self-

draw