Allowed

Meena Sajnani v. Registrar (Co-Operative Societies) and Ors.

Delhi HC17 May 2024W.P.(C)/10665/2022

Case brief

AI extract

What is this about?

Writ petition sought directions for the Registrar of Co-operative Societies to record Justice Dr. A.S. Anand as allottee of a flat, replacing an expelled ex-member whose name persisted in records, blocking DDA freehold conversion. Court held the 2015 affidavit contradicting Society resolutions was erroneous and directed updation and processing.

What did the court decide?

RCS directed to update allottee records in favour of Justice Dr. A.S. Anand within four weeks; DDA directed to process freehold conversion in petitioner's name within six weeks thereafter.

Meena Sajnani Vs Registrar (Co-Operative Societies) and… — Cooperative Societies | Delhi HC (2024)

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$~13

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IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10665/2022 MEENA SAJNANI ..... Petitioner Through: Ms. Meera Kaura Patel, Mr. Tejas Patel, Ms. Ritika Saini, Ms. Muskaan Gandhi, Ms. Ritika Saini, Mr. Piyush Goel, Mr. Aditya Kumar Tripathi, Advocates

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versus REGISTRAR (CO-OPERATIVE SOCIETIES) AND ORS. ..... Respondents Through: Mr. Sameer Vashisht, ASC(C) GNCTD with Ms. Harshita Nathrani, Adv. Ms. Mrinalini Sen, Standing Counsel for DDA with Ms. Neha Panchal, Advocate Mr. Ajay Kumar Kaushal in person, Administrator/R-3 % Date of Decision: 17^th May, 2024 CORAM:

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HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT

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MANMOHAN, ACJ : (ORAL)

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Present petition has been filed under Article 226 of the Constitution of India, seeking a direction to the Registrar Co-operative Societies (‘RCS’) i.e., Respondent No. 1 herein, to update its records to reflect the name of the Hon’ble Chief Justice of India Dr. A. S. Anand (Retd.), as an allottee against the Flat No. 184, Tower-8, Supreme Enclave, Mayur Vihar, Phase -1, Delhi110091 (‘subject flat’), in place of an ex-member, Sh. B.S. Shant, in a time bound manner. It is also prayed that a consequential direction be issued to

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Signature Not Verified

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W.P.(C) 10665/2022

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Page 1 of 5

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Digitally Signed By:Hemant Pratap Singh Signing Da te:1 8.05.2024 17:56:24

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Delhi Development Authority (‘DDA’) i.e. Respondent No. 2, to convert the subject flat into freehold in the name of the Petitioner herein i.e., Ms. Meena Sajnani.

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The admitted facts of this case which are relevant for the adjudication of the present petition are that one Shri B.S. Shant was enrolled as a member of the Supreme Co-operative Group Housing Society Ltd. (‘Society’) i.e., Respondent No. 3, and held membership no. 276. The subject flat was originally allotted by the Society to Shri B.S. Shant on 18^th July, 1992 through the Phase-I draw.

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2.1. However, subsequently, due to non-payment of the Society dues and premium against the subject flat, Shri B.S. Shant was expelled from the membership of Respondent No. 3 Society vide resolution dated 06^th December, 1993, passed during the General Body Meeting of the members of the Society.

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2.2. As a result of the vacancy created by Shri. B. S. Shant's expulsion, Justice Dr. A.S. Anand was invited and enrolled as a member of the Society and was allotted Membership No. 537, vide resolution dated 14^th May, 1994 passed by the Managing Committee. A share certificate dated 02^nd June, 1994 was issued in favour of Justice Dr. A.S. Anand and further, vide resolution dated 15^th July, 1994, it was decided to allot the subject flat i.e., flat no. 184 in the Phase-2 to Justice Dr. A.S. Anand.

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2.3. Vide letter dated 21^st August, 1994, the Society requested Justice Dr. A.S. Anand, to take possession of the subject flat i.e., flat no. 184, after completing the formalities.

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2.4. Sh. B.S. Shant, vide an application dated (received by the Society on 27^th July, 1994), had requested a refund of the amounts deposited as call

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Signature Not Verified

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W.P.(C) 10665/2022

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Page 2 of 5

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Digitally Signed By:Hemant Pratap Singh Signing Da te:1 8.05.2024 17:56:24

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money for the flat no. 184 and the same was allowed vide resolution dated 04^th October, 1994.

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2.5. It is stated by the Petitioner that on 20^th May, 2004, Justice Dr. A.S. Anand, transferred his rights in the subject flat to the Petitioner herein by executing a General Power of Attorney (‘GPA’) and Agreement to Sell (‘ATS’) both dated 20^th May, 2004. The said transfer by Justice Dr. A.S. Anand in favour of the Petitioner was allowed by the Society vide resolution dated 17^th July, 2004 and a share certificate dated 31^st July, 2004 was issued by Respondent No. 3 in favour of the Petitioner herein.

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The cause of action for filing the present writ petition arose when Petitioner applied to Respondent No. 2 i.e., DDA on 08^th May, 2019 for converting the subject flat into a freehold apartment. However, the said application is pending till date, as the records of Respondent No. 2, continue to reflect the name of Sh. B.S. Shant as an allottee for the subject flat, whereas, the GPA and ATS relied upon by the Petitioner have been executed by Justice Dr. A.S. Anand. To enable processing of the application, DDA in 2019 directed the Petitioner to have name of Justice Dr. A.S. Anand cleared from the RCS i.e., Respondent No. 1.

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The record evidences that since then the Petitioner has been following up with the RCS i.e., Respondent No. 1, for updating its records so as to substitute the name of Sh. B.S. Basant with the name of Justice Dr. A.S. Anand. The correspondence exchanged with RCS and clarifications issued by Respondent No. 3 Society to the RCS substantiating the request of the Petitioner have been placed on record. However, the RCS failed to update its records and in these facts, the Petitioner was constrained to file the present writ petition seeking directions to the RCS and DDA.

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Signature Not Verified

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W.P.(C) 10665/2022

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Page 3 of 5

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Digitally Signed By:Hemant Pratap Singh Signing Da te:1 8.05.2024 17:56:24

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After perusal of the record, this Court vide order dated 10^th January, 2024 directed the RCS to process the application filed by the Petitioner herein for updating the record of the RCS with respect to the change of name of the allottee of flat no. 184 as Justice Dr. A.S. Anand. To facilitate the order dated 10^th January, 2024, the Society vide detailed letter dated 05^th February, 2024, addressed to the RCS confirmed that as per its records, flat no. 184, had been allotted to Justice Dr. A.S. Anand, after the expulsion of Sh. B.S. Shant.

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However, on the last date of hearing i.e., 25^th April, 2024, RCS placed on record its communication dated 23^rd April, 2024 addressed to the Administrator of the Society seeking clarification with respect to a discrepancy noted in view of an affidavit dated 01^st June, 2015 submitted to it by the erstwhile President of the Society.

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The Administrator has since vide his letter dated 13^th May, 2024, issued the desired clarification to the RCS and reiterated that the flat no. 184 has been duly allotted to Justice Dr. A.S. Anand in the year 1994, after the expulsion of Sh. B.S. Shant; and the said Sh. B.S. Shant has also collected the refund of the call money paid by him. The Administrator is personally present before the Court today and submits that in view of the record, there is no impediment in the RCS updating its record to reflect the name of Justice A.S. Anand as the allottee of flat no. 184.

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In view of the admitted facts noted above and on a conjoint reading of the letters dated 05^th February, 2024 and 13^th May, 2024, issued by the Society to RCS, we are of the considered opinion, that there is no impediment for the RCS, to update its records to reflect the name of Justice Dr. A.S. Anand, as the allottee of flat no. 184.

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Signature Not Verified

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W.P.(C) 10665/2022

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Page 4 of 5

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Digitally Signed By:Hemant Pratap Singh Signing Da te:1 8.05.2024 17:56:24

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The declaration in the affidavit dated 01^st June, 2015, furnished by the erstwhile President of the Society, with respect to the name and membership of the allottee of flat no. 184, is clearly erroneous as it is contrary to the record of the Society; and more particularly, the resolutions dated 06^th December, 1993, 14^th May, 1994, 15^th July, 1994 and 04^th October, 1994. The said affidavit can therefore, not form the basis for denying the prayer of the Petitioner for updation of records.

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We, accordingly, allow the present petition and direct the Respondent No. 1 i.e., RCS to update its records to reflect the name of Hon’ble Chief Justice of India (Retd.) Dr. A.S. Anand, as the allottee against the Flat No. 184, Tower-8, Supreme Enclave, Mayur Vihar, Phase -1, Delhi-110091, in place of Sh. B.S. Shant, within four weeks from today. The Respondent No. 1 is directed to forward the requisite information with respect to the updation of its records to Respondent No. 2-DDA within two weeks thereafter. It is, further, directed that Respondent No. 2-DDA upon receiving the requisite information from Respondent No. 1-RCS, shall proceed to process the Petitioner’s application, for converting the subject flat to freehold in the name of the Petitioner, as per the applicable procedure within six weeks thereafter.

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With the aforesaid directions, the present petition stands allowed along with pending applications.

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ACTING CHIEF JUSTICE

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MANMEET PRITAM SINGH ARORA, J

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MAY 17, 2024/ msh/MG

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Signature Not Verified

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W.P.(C) 10665/2022

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Page 5 of 5

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Digitally Signed By:Hemant Pratap Singh Signing Da te:1 8.05.2024 17:56:24

Meena Sajnani v. Registrar (Co-Operative Societies) and Ors.

Case brief

What is this about?

What did the court decide?

Meena Sajnani v. Registrar (Co-Operative Societies) and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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