Deepak Gupta v. Registrar Cooperative Societie

SANJIV KHANNA, J

CHANDER SHEKHAR, J DECEMBER 15, 2016/ssn

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2585/2007 & CM.No.20951-52/2015 % Date of Decision: 15th December, 2016 KAMLESHWAR PRATAP ..... Petitioner Through: Mr.Anand Yadav and Ms.Anita Tomar, Advocates for the petitioner versus REGISTRAR COOPERATIVE SOCIETIES..... Respondent Through: Mr.Naushad Ahmed Khan, ASC for GNCTD and Ms.Hancy Wadhwa, Advocate. Mr.P.S. Bindra, Advocate for respondent no.3/society Mr.Sudhir Nandrajog, Sr. Advocate with Mr.Sumit Tomar, Advocate for respondents No.4 to 8 Mr.Rakesh Munjal, Sr. Advocate with Mr.Kanwal Choudhary, Advocate for respondent no.10 Mr.Ankur Arora and Ms.Srishti Sharma, Advocates for the applicant in CM.No.20951-52/2015 Mr.Pawan Mathur, Advocate for the DDA + W.P.(C) 2586/2007 & CM.No.21118-19/2015 DEEPAK GUPTA ..... Petitioner Through: Mr.Anand Yadav and Ms.Anita Tomar, Advocates for the petitioner versus REGISTRAR COOPERATIVE SOCIETIES ..... Respondent Through: Mr.Naushad Ahmed Khan, ASC for GNCTD and Ms.Hancy Wadhwa, Advocate. Mr.P.S. Bindra, Advocate for respondent no.3/society Mr.Sudhir Nandrajog, Sr. Advocate with Mr.Sumit Tomar, Advocate for respondents No.4 to 8 Mr.Rakesh Munjal, Sr. Advocate with Mr.Kanwal Choudhary, Advocate for respondent no.10 Mr.Ankur Arora and Ms.Srishti Sharma, Advocates for the applicant in CM.No.21118-19/2015 Mr.D.Relam, Advocate for the DDA CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA J. (ORAL) 1. This common order will dispose of the aforementioned writ petitions filed by Deepak Gupta and Kamleshwar Pratap (hereinafter referred to as the "petitioners"). 2. The two petitioners were enrolled as members of Vikas Cooperative Group Housing Society (hereinafter referred to as the "society") vide resolution of the Management Committee dated 28th April, 2002. The enrolment was for the HIG category flat, also known as category "A" flat. 3. To cut short the controversy, we would focus on and narrate the relevant facts for there have been several rounds of litigation and orders of the High Court, and the Registrar, Cooperative Societies. 4. The society had constructed 42 category "A" flats and 68 category "B" or MIG flats, which were to be allotted to the members depending upon the choice exercised and registered/accepted by the society. The society has already allotted 34 category "A" flats (HIG flats) and 53 category "B" flats (MIG flats) to different members. These allotments are not under challenge and these members are not parties to the present petitions. 5. The subject matter of the present writ petitions is the allotment of six (6) category "A" flats (HIG flats) to following respondents: (i) Hanumant Bir Singh; Respondent No. 4 in W.P.(C) 2586/2007 (ii) Rajesh Mehta; Respondent No. 5 in W.P.(C) 2586/2007 (iii) Pushpa Kumari Bhasin; Respondent No. 6 in W.P.(C) 2586/2007 (iv) Pradeep Kumar Puri; Respondent No. 7 in W.P.(C) 2586/2007 (v) Surinder Singh; Respondent No. 8 in W.P.(C) 2586/2007 (vi) Ajay Sawhney; Respondent No. 9 in W.P.(C) 2586/2007, and (vii) S.P. Sharma Respondent; No. 10 in W.P.(C) 2586/2007 6. The allotment to respondent nos.4 to 8, as well as Ajay Sawhney, (Respondent No.9) was made on the basis of draw of lots held on 10th September, 2003. Respondent no.10 (S.P. Sharma) had challenged the said draw of lots by filing the WP(C)No.583/2004, which was disposed of vide the order dated 1st March, 2007, which reads as under: "1. Earlier we had dictated the detailed judgment, allowing the present writ petition. 2. At this stage Mr.R.S. Tomar, learned counsel for the Respondent no.2/ Society has appeared at 2:00 P.M. and stated that the Society has already accepted an amount of Rs.5,65,000/- (Rupees Five Lac Sixty Five Thousands only) from the Petitioner and is prepared to handover the upgraded HIG Category Flat. The appropriate recommendation in line of the above statement made by the Respondent No.2 / Society shall be made by the Registrar, Co-operative Societies to the Delhi Developme