Dismissed¶¶27

Swo Multi State Co-Operative Housing Society Limited & Anr. v. Rera, NCT of Delhi through Its Chairman & Anr.

Delhi HC3 Mar 2025W.P.(C)/14474/2024

Case brief

AI extract

What is this about?

Anticipatory writ petition dismissed for want of cause of action; maintainability of writ filed in anticipation of future RERA complaint; promoter definition Section 2(zk) RERA Act 2016 challenged as ultra vires re cooperative societies (sub-clause iv); allottee definition Section 2(d); co-operative housing society versus RERA NCT of Delhi; Societies Act 1860; Delhi Co-operative Societies Act 2003; Multi State Co-operative Societies Act 2002; Delhi High Court Division Bench (Navin Chawla, Shalinder Kaur); liberty reserved to agitate remedies when cause of action arises.

What did the court decide?

No relief granted; the writ petition was dismissed with liberty reserved to the petitioners to avail of remedies as and when the cause of action arises. ¶¶27

Swo Multi State Co-Operative Housing Society Limited & Anr. Vs Rera, NCT of Delhi through Its Chairman & Anr. — Delhi HC (2025) — LawSathi Research

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$~29

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 14474/2024

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SWO MULTI STATE CO-OPERATIVE HOUSING SOCIETY LIMITED & ANR.

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.....Petitioners Through: Mr. Piyush Pathak, Mr. Rohit Yadav and Mr. Ram Kishan, Advs.

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versus

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RERA, NCT OF DELHI THROUGH ITS CHAIRMAN & ANR.

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.....Respondents Through: Mr. Siddharth Panda and Mr. Anil Pandey, Advs. for R-1. Mr. Ripudaman Bhardwaj, Mr. Kushagra Kumar, Mr. Amit Kumar Rana and Mr. Rudra Paliwal, Advs.

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CORAM:

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HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR

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CM APPL. 60702/2024

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Allowed, subject to all just exceptions.

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W.P.(C) 14474/2024, CM APPL. 60703/2024

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This petition has been filed by the petitioners praying for the following reliefs:-

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/03/2025 at 12:35:01

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“a) Allow the writ petition by issuance of direction, order or writ in the nature of prohibition or any other appropriate writ prohibiting the Respondents from equating Or considering the petitioners as Promoter as defined Under Section 2(Zk) of The RERA Act 2016;

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b) Allow the writ petition by issuance of a direction, order or writ in the nature of prohibition or any other appropriate writ prohibiting the Respondents from interfering in autonomous functioning of the Petitioners in their Subject Domain;

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c) Allow the writ petition by issuance of a direction, order or writ in the nature of prohibition or any other appropriate writ prohibiting the Respondent No. 1 from entertaining any refund application by the members of the Petitioner Societies by wrongly considering them as Allottees as defined Under Section 2(D) of the RERA Act 2016;

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d) Allow the writ petition by issuance of a direction, order or writ in the nature of Mandamus Or any other appropriate Writ directing the Respondent no. 1 to withdraw all the orders and directives issued against the Petitioners in violation of the Acts as are applicable to the Petitioners Viz. the Societies Actl860; The Delhi Co-operative Societies Act 2003; And the Multi State Co-operative Societies Act 2002;

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e) Allow the writ petition by issuance of a direction, order or writ in the nature thereof declaring the part of definition of the Promoter U/S 2 (zk) of RERA Act, 2016 ultra vires to the extent it means Cooperative Societies as given in sub clause (iv) of Section 2(zk).

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f) Award costs of this writ petition to the Petitioners.”

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Admittedly, the petitioners have filed the present petition in anticipation that some complaint one day will be filed against them before the Real Estate Regulatory Authority (RERA), which may get

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/03/2025 at 12:35:01

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entertained treating them to a ‘promoter’.

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The petitioners are making all the prayers only in anticipation without having any actual cause of action for the same. 5. We feel that this academic exercise cannot be conducted in the present petition. The petition is, accordingly, dismissed. 6. We leave it open to the petitioners to avail of its remedies as and when the cause of action arises for the same.

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NAVIN CHAWLA, J

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SHALINDER KAUR, J

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MARCH 3, 2025 /ss/kp/IK

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Click here to check corrigendum, if any

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/03/2025 at 12:35:01

Swo Multi State Co-Operative Housing Society Limited & Anr. v. Rera, NCT of Delhi through Its Chairman & Anr.

Case brief

What is this about?

What did the court decide?

Swo Multi State Co-Operative Housing Society Limited & Anr. v. Rera, NCT of Delhi through Its Chairman & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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