Ravinder Sharma & Ors. Vs Registrar of Co-Operative Societies & Ors.

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$~36

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 17^th March, 2026. Uploaded on: 18^th March, 2026.

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W.P.(C) 13650/2025

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RAVINDER SHARMA & ORS. .....Petitioners Through: Mr. Arun Srivastava, Mr. Ashwini Kumar Singh and Ms. Shruti Singh, Advs.

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versus

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REGISTRAR OF CO-OPERATIVE SOCIETIES & ORS. .....Respondents Through: Mr. Abhinav Sharma and Mr. Shubham, Advs. for RCS. Mr. Sahil Chawla, Adv. for DDA. Mr. Anubhav Gupta, Adv. (M: 9910623535) Mr. M.M. Miglani, Secretary of Society in person with Ms. Kavita Yadav and Mr. Ravinder in person.

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CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

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Prathiba M. Singh, J. (Oral)

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This hearing has been done through hybrid mode.

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The present petition has been filed by the Petitioners under Article 226 of the Constitution of India, inter alia , seeking issuance of an appropriate writ directing the Respondent No. 2-Delhi Development Authority (hereinafter, ‘DDA’ ) to convert the flats of the Petitioner into freehold.

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The Petitioners are the members of the Delhi Rail Karamchari CoOperative Group Housing Society Ltd., Piragari, Rohtak Road, Delhi

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W.P.(C) 13650/2025

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Page 1 of 4

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Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Da te:1 8.03.2026 15:22:55

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(hereinafter, ‘Society’ ). Their grievance is that despite several years having passed and the conversion fees having been deposited by them for conversion of flats from leasehold to freehold, the DDA and the Registrar of Cooperative Societies (hereinafter, ‘RCS’ ) have not enabled the conversion. No report has been filed by the DDA in this matter.

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The RCS has filed a status report signed by Mr. Rajeev Chhabra, Assistant Registrar that the documents of the original members are not verified. The relevant portion of the status report is extracted below:

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“1. It is respectfully submitted that with reference to the order dated 04.09.2025 in W.P.(C) No. 13650/2025, the society was provided an opportunity to submit documents vide this office letter dated 25.09.2025, copy of which is enclosed as Annexure-I.

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2. It is respectfully submitted that the President/ Secretary along with their Advocate visited RCS office on 01.10.2025, proceedings regarding which are at Annexure-11.

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3. It is respectfully submitted that the matter will be considered further as per provisions of DCS Act & Rules on receipt of case wise proper details and document with reference to Schedule VII of DCS Rule 2007, for further verification of details as well as documents of the original individual as well as society, which they assured to submit at the earliest.

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4. The above is submitted for the kind perusal of this Hon'ble Court. This issue with the approval of Registrar Cooperative Societies.”

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Mr. M.M. Miglani, who is the Secretary of the Society, is present in the Court today and has handed across to the Court a complete list of members duly verified by the RCS. There are a total of 200 flats in the Society and six flats are stated to have been converted to freehold. 40 members of the Society

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W.P.(C) 13650/2025

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Page 2 of 4

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Signature Not Verified

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Digitally Signed By:DEVANSHU JOSHI Signing Da te:1 8.03.2026 15:22:55

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are stated to have deposited the amount with the DDA for conversion from leasehold to freehold. The list handed across by Mr. Miglani to the Court is taken on record. Mr. Miglani has expressed enormous frustration at the manner in which the authorities are functioning. He submits that his previous generation passed away without the flat being properly owned by them and he himself is quite old and he too shall pass away knocking the doors of the RCS and the DDA.

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It is unfortunate that proper instructions are not being given by the RCS officials to Mr. Sharma, ld. Counsel appearing for the RCS. The section officer who is present is also unaware of the facts of this case. Moreover, the status report filed by Mr. Rajeev Chhabra is cryptic and sketchy to say the least. The RCS ought to conduct itself in a much more responsible manner. When the list is available with the RCS, there is no reason why such a sketchy status report has been filed that the original members are not verified.

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This is a complete dereliction of duty by the RCS. The list, which has been handed over bears the seal of the RCS office and these are obviously available in the RCS record. Accordingly, let the Petitioners including the office bearers of the Society i.e., the President or Secretary and any other member who wish to appear before the RCS, shall appear before the RCS on 7^th April, 2026 at 11:30 AM.

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Mr. Rajeev Chhabra himself shall entertain the office bearers of the Society and verify the list on the said date. If any further documents are required, the same shall be collected from the members by Mr. Chhabra. The names of the members of the Society shall then be accordingly recommended to the DDA for the purpose of allotment of the flats and for further processing of freehold conversion of the properties.

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W.P.(C) 13650/2025

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Page 3 of 4

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Signature Not Verified

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Digitally Signed By:DEVANSHU JOSHI Signing Da te:1 8.03.2026 15:22:55

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The entire action of the RCS shall be carried out within a period of one month i.e. by 7^th May, 2025, failing which Mr. Rajeev Chhabra shall remain personally present before the Court on the next date of hearing.

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At this stage, it is submitted by ld. Counsel for the RCS that Mr. Rajeev Chhabra is not the official concerned in this Society anymore. However, in the opinion of this Court, since Mr. Rajeev Chhabra has filed the report, the directions of this Court shall be implemented by Mr. Rajeev Chhabra, who is still working in the RCS office along with any other official, who is in-charge of this particular Society.

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It is made clear that Mr. Rajeev Chhabra shall be personally responsible to give effect to the orders passed by this Court.

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The petition is disposed of in the above terms. Pending applications, if any, are also disposed of.

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List for compliance on 18^th May, 2026. Both the RCS and DDA shall file status reports by the next date of hearing. The concerned officials shall also remain personally present.

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PRATHIBA M. SINGH JUDGE

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MADHU JAIN JUDGE

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MARCH 17, 2026/ dk/ck

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W.P.(C) 13650/2025

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Page 4 of 4

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Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Da te:1 8.03.2026 15:22:55

Ravinder Sharma & Ors. v. Registrar of Co-Operative Societies & Ors.

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Ravinder Sharma & Ors. v. Registrar of Co-Operative Societies & Ors.

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