Surabhi Dutt & Ors v. The Registrar Cooperative G/H Society &Ors

t.t .l I , * IN THE HIGH COURT OF DEI,HI AT NEW DELHI 3rd Auggst, 2O1O % 1. W.P.(CI No.1581/O3_(Lead matterl SANJAY GUPTA & ORS. Through: Mr. y.p. Narula, Senior Advocate with Mr. Anuruddha Choudhury, . Advocate. " Ms. Avnish Ahlawat, Advocate rrith Ms. Latika Choudhary, . Advocate. REGISTRAR COOPERATIVE SOCIETIES & ORS. ....Respond.ents Through: Mr. Rakesh Khanna, Senior '. Advocate with Mr. Rajiv K. Garg, Mr. Ashish Garg, Advocate and. . Ms. Seema, Advocate Ms. Zubeda Begum, Advocate for the respondent No.1. . Ms. Kanchan Singh, Advocate for the respondent/ applicant. Mr. R.K. Grlpta, Advocate for Mr.' . R.p. Guptaj Advocate for the

¶2w.P.(Cl No.291lOB K. RADHAKzuSHNAN & ANR. ......Petitioners ' Through: Mr. Kailash'Vasdev; Senior Adrlocate with Ms. Geeta Kovilan, Advocate. W.P. [C) No.15B1/03 & other connected matters Page 1 of14 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. l 'ra | /l ,-l Mr. P.R. Kovilan Poongkuntran, Advocate. THE REGISTRAR COOPERATIVE SOCIETIES PARLIAMENT STREET & oRs' rD^^.^ ........ResPondents rhrough: ffi,I*:"#tff#:ft'"ff?:t*;, , Mr,-As.brS.h-qq{g,-Advqge!9-aqd'' Ms. Seema, Advocate . Ms. Zubeda Begum, Advocate for the respondent No.1. ' Mr. Rajiv Bansal, Advocate for respondent No.3. Mr. S. Janani, Ad.vocate with Mr' Deepak Goel. Mr. R.K. Gupta; Advocate for Mr. R.P. Gupta, Advocate for the BAL MUKUND DUBEY Through: Mr. Kailash Vasd"ev, Senior Adtrocate with Ms. Gbeta . Kovilal, Advocate. Mr. P.R. Kovilan Poongkuntran, Advocate THE REGISTRAR COOPERATIVE SOCIETIES PARLIAMENT STREET & ORS. ...Respondents Advocate with Mr. Rajiv K. Garg, ' Mr. Ashish'Garg, Advocate and . W.P. [C) No.15B1 /03 &other connected matters Page? oft4 \ \' t\ Mr. R.K. Gupta, Advocate for Mr. R.P. Gupta, Advocate for the

¶4W.P.{C| No.3O2lO3 S. RAMANATHAN A EIIN. .......Petitioners Through: Mr. Kailash Vasdev, Senior Advocate with Ms. Gbeta Kovilan, AdVocate. Mr. P.R. Kovilan Poonglarntr.an, Advocate. THE.REGISTRAR OF COOPERATIVE SOCIETIES & OTHERS .....Respondents. Advocate.with Mr. Rajiv K. Garg, Mr. Ashish Garg, Advocatd and Ms. Zubeda Begum; Advocate for the respondent No.1. . Mr.. R.K. Gupta, Advocate for Mr. R.P. Gupta, Advocate for the . respondeni ivor. 5 and 6.

¶5W.P.{C| No.1584/O3 o RAJESH MALH'TRA' Through: petitioner i' ;"'rP-'.ltililii*r. ".r. . Narula, Senior Advocate with Mr. Aniruddha Choudhury, Advocate THE REGISTRAR OF COOPERATIVE SOCIETIES & OTHERS. . .....Respondents Advocate with Mr. Rajiv K. Garg, Mr. Ashish Garg, Advocate and Ms. Zubeda Begum, Advocate {or the respondent No.1. W.P. (C) No.1581/03 &other connected matters l'

¶6W.P.lCl No.1586/O3 BINDU MEHTA & ANR. Mr. R.K. Gupta, Advocate for Mr. R.P. Gupta, Advocate for the espondent Nos. 5 and 6. ......Petitioner Through: Ms. Bindu Mehta, petitioner in person with Mr. Y.P; Namla, Senior Advocate with Mr. Aniruddha Choudhury, Advocate. THE REGISTRAR OF COOPERATIVE SOCIETIES, GOVT. OF NCT OF DELHI AND ORS. .......Respondents . Through: Mr. Rakesh Khanna, Senior. ftTTffi.r:l# :,[?i:ff; *t*, Ms. Zubeda Begum, Advocate for il: ffi"Eil?:,T;1o"",e ror Mr R.P. Gupta, Advocate for the 7 . W.P.lCl No.1615/O3 ADITYA KUMAR AGARWAL ......Petitioner Through: Mr. Aditya Kumar Agarwal, petitioner in person with Mr. Y.P.. Narula, Senior Advocate with Mr. Aniruddha Choudhury, Advocate. THE REGISTRAR OF COOPERATIVE SOCIETIES &.ORS. ..'.....Respondents ' Advocate with Mr. Rajiv K. Garg, Mr. Ashish Garg, Advocate and W.P. (C) No.1581/03 & other connected matters Page4 ofL4

¶8w.P.(Cl Nb.4442lO3 SYED KHALID HUSSAIN

¶9W.P.{C| No.8389/OS SUDHANSHU BAHADUR t> Mr. R.K. Gupta, Advocate for Mr. R.P. Gupta, Advocate"for the respbndent Nos. 5 and 6. Petitioner Petitioner Through: Mr. Sayed Khalid Hussain, petitioner in persdn with Mr. Y.P. Narula, Senior Advocate with X;H#ddha choudhury, THE REGISTRAR OF COOPERATIVE SOCIETIES & Ors........Resp'ondents fi,f KT:"ffH:,5?::"T;ff f; ' . Ms. Seema, Advocate Mr. R.K. GuPta, Advocate for Mr' . R:P. Gupta, Advocate for the Through: MOUNT EVEREST COOPBNETTVE GROUP HOUSING.SOCIETY LTD. & ORS. Respondents. Through: Mr. Rakes\ Khanna, Senior . Advocate with Mr. Rajiv K. Garg, . Mr. Ashish G*9, Advocate and Mr. S.K. Bangia, Administrator. Mr. R.K. Gupta, Advocate for Mr. R.P. Gupta, Advocate for the

¶10W;P.(CI No,1O723/O5 Page5 ofL4 . W.P. (CJ No.158L/03 & other connected matters \'\ JASBIR SINGH WASU Petitioner Through: . VERSUS THE REGISTRAR OF COOPERATIVE SOCIETIES, GOVT. OF NCT OF DELHI & ORS. Through:

¶11w.P.(cl No.12671lO5' PARVINDER PAL SINGH WASU Through: THE REGISTRAR OF COOPERATIVE SOCIETIES, GOVT. OF NCT OF DELHI & ORS.' L2.. W.P,tCl No. 12696105 BHAWNA SINGH ........ResPondents. Mr. Rakesh Khanna, Senior Advocate with Mr. Rajiv K. Garg, Mr. Ashish Garg, Advocate and Mr. R.K. Gupta, Advocate for Mr. R. P. Gupta,-.A.dvocate-fer-the .......ResPondents. Advocate with Mr. Rajiv K. Garg, Mr. Ashish Garg, Advocate and , Ms. Zubeda Begum, Advocate for . the respondent No.l" Mr. R.K. Gupta, Advocate for Mr. R.P. Gupta, Advocate for the fgspondent Nos. 5 dnd 6. Petitioner Through: MOUNT EVEREST COOPERATIVE GROUP HOUSING SOCIBTY LTD. . ...;....Respondent Through: Mr. Rakesh Khanria, Sehior Advocate with Mi. Rajiv K. Qarg, Mr. Ashish Garg, Advocate and ' Ms. Seema, Advocate. W.P. [C) No.1581/03 & other connected matters Page 6 of14 lr/\) Mr. R.K. Gupta, Advocate for Mr. R.P. Gupta, Advocate for the resbondeht Nos. 5 and 6.

¶13W.P.{CI No.39O'46 LOKESH CHANDRA GUPTA & ANR. ' Tlrrough: Mr YP NJi;; S:lll:Tfiocate with Mr. Anuruddha Choudhrry, Advocate THE REGISTRAR COOPERATIVE SOCIETIES & ORS. .......Respondents Advocate with Mr. Rajiv K. Garg, Mr. Ashish Garg, Advocate and Mr. Rqjiv Bansal, Advocate for " the resnondent No.3. Mr. n"*. Cupta, Advocate for Mr. R.P. Gupta,'Advocate for tlre

¶14W.P.(C| No.392lO6 MS. YASMIN RAZA .......Petitioner Through: Mr. Yasmin Raza petitioner in' person with Mr. Y.P. Narula, Senior Advocate with Mr. Aniruddha Choudhury, Advocate. ' THE REGISTRAR COOPERATIVE SOCIETIES & ORS. ........Respondents fiTx".Ti,il'*X:^5?i:"T;?fr*' Ms. Seema, Advocatb. Mr. R.K. Gupta, Advocate for Mr. ' R.P. Gupta, Advocate for the . W.P. (C) No.15B1/03 & other connected matters Page7 of14

¶15W.P.lci No.6540l07 \t\b I SURABHI DUTT & ORS. Through: VBnsus Petitioners THE REGISTRAR COOPERATIVE SOCIETIES GROUP HOUSING SOCIETY & OTHERS " " " 'ReSp-ondents Advocate with Mr. Rajiv K. Garg, Mr. Ashish Garg, Advocate and Ms. Ruchi Sindhwani, Advocate with Ms. Bandana Shukla, - Advocate for the respondent No.1. . Mr. R.K. Gupta, Advocate for Mr. \.P. Gupta, Advocate for the CORAM: HON'BLE MR. JUSTICE SANJAY KISTIAN I(AUL HON'BLE MR. JUSTICE VALMIKI J.ME}HTA

¶1Whether the Reporters of local papers may be allowed to see the judgment?

¶2To be referred to the Reporter or not?

¶3Whether the judgment should be reported in the Digest? SANJAY KISHAN KAUL. J IORALI

¶1The Mount Everest Cooperative Group Housing Society Limited has a chequered history with large number of inter se litigations between . members, members and society, inquiries into the financial affairs and allegatisns of msney being siphened eff-There are stated to be proeeedings -- . - ^ W.P. (C) No.1581/03 &other ionnected matters Pqge I of 14 \v pending in respect. of various aspects but in so far as these writ petitions are concerned, the controversy 'is limited to the allotment of flats to members. .

2.' We may'note that there were 120 members and 120 flats were constructed, but, in respect of'40 flats, two flats each have been conjointed . making them into 20 four bed room flats instead.of the original 40 two bed room flats each. The result is that there are 40 two bed room flats, 40 three bqd room flats and 20 flats of 4 bed rooms (which have been made by conjoining of the two bed room flats each).

¶3There has been subsequent scrutiny of membership by the Administrator, objections to the reports of . tJle Administrator, reconsideration by the Administrator and the final report . of the Administrator was placed,before the Registrar, Cooperative Societies as per ' directions issued by this Court to facilitate scr-utiny. The result of al1 the . scrutiny is that there is now a'final list of 132 members. We may note that it is alleged that there are four other members who have however either partly or wholly taken back refund. and trave not been found. to be eligible to be included in the list.no1 is any litigation initiat"{ by t}rem pending. The result of this is thal it is these 1.32 members who have to be allotted flats. t.

¶4The allotmeirt tocrk place of all .the flats but in view of the allegations and counter allegalions, 10 four bed room flats are lyrng sealed under order of this Court. There are also L2 other members who have paid their full amount and have.yet not been allotted flats. We have thus two groups of mgrybers who are not in physical occupation of the flats, first consisting of. t2 members who have not been allotted flats and the secofld W.P. (C) No.1581/03 & other connected matters \s/ consisting of 20 members who have been allotted the 10 four bed room flats. We may also note that out of the first group of 12 members, 10 have paid moneys towards two bed room flats while two have paid moneys for three bed room flats.

¶5It is in these circLmstances that the learned senior counsel for the parties assisted by the.Ad.vocates on record, the other cbunsels and the parties sought to work out an amicable solution so that the members are not continuousl5t deprived of their flat's. More than nine yeafs.have elapsed since .tJ' e allotment of the flats was made and thus naturally the members without flats are troubled by this prolonged litigation

¶6A workable solution has been .found feasible in view of the permissible constructed area to be increased as a consequence of I4PD 2O2L, and the existing unutilized FAR.. One ;.tVt,D. Construction Company has given'a proposal for carrying out the further construction to facilitate creation of additional flats to meet the needs of the members. The important aspect is that the number of flats to be constructed would be more than the number of members for whom no flat exists yhich would. result in some spare flats some for the society and the remaining flats will be with the builder to compensate him for the cost of construction and profits. This would facilitatl no additional financial outflow by the existing members.

¶7The parties agree that thes. *rit petitions be disposed of with the following directions : (0 It is accepted that there are finally l-32 members of the society who have been cleared'by the Registrar who alone are entitled to a flat. W.P. (C) No.1581/03 & other connected matters Page L0 of14 \A l -) Thbre are four other members who were cleared but who have either taken retheirmoneyeitherinful1orinpartandhenceqotentitledtoaflat.

(ii) The 10 four bed room flats allotted in favour of the second . group of membeis, mentioned aforesaid, would vest with such members but the possession would be deferred to a date and the seal opengd to facilitate simultaneous handing over possession of those 10 flats to members alongwith ift" flats to be newly constructed to be handed over to the remaining L2 members without any allotted flats at present though they have paid the full money

(iii) The builder will construct 26 flats. These flats will consist of 24 two bed room flats and. two 3 bed room flats. A-separate tower will be created of 20 two bed room flats which will have the same area as the' existing two bed room flats and which will have the parking facility similar to other flats.

(iv) The 12 members belonging to the first group, ?s noticed above, consist of 1O member"s who have paid for two bed room flats each while two members have paid for three bed room flats each. The two members who frave paid for three bed room flats each are Ms. Bindu Mehta and Mr. \ Sayeed Khalid Hussain. The 1O claimants to the two bed room flats will be ccommodated in the new tower to be constructed, being 10 out of ttre 20 flats'to be constructed in that tower. Out of the remaining 10 flats, 6 flats ' will go to the members nominated by the builder which is his cohsideration for cost of construction, other expenses and profits. The remaining four flats will vest with the society. The builder will also construct 4 two bed room flats and 2 three bed room flats on the existing towers. ifr. Z three WP. [C) No.t5B1/03 & other connected matters Page 1L of 14 bed room flats oh. the existing tower wili go to the aforesaid two members while the 4 two bed room flats will go to the builder on terms aforesald. The builder will thus get 10 two bed room flats in this mannei.

(v) The four spare flats vesting with the society in the new tower wiH be on the greund immediate floors above. Out of these four flats, one flat will be reserved to meet any future financial liability as Jhere are certain claims pending against'the society. The remaining three flats will be utilized. for common facilities for the members at large of the society. In case, no claim is held sustainable finally against the society, the fourth flat will also become available for such common facility.

(vi) The Registrar will increase the sanctioned membership strength of the society as there are now 132 members plus 10 flats to vest in the members. nominated by the builder. Thus, the membership should be increased to 142 out of which 10 members will be nominated by the builder.

(vii) The builder will complete the cons.truction within a period bf 18' montirs plus four months grace. period as proposed by.him. In case, the ' proposal with the existing builder does not work out for any reason, tfe Administrator will ensure that a similar proposal is worked out with the new builder. Whichever builder undertakes the project, will file an undertaking to this Court to comply with the directions of the agreed terms noted. in this ord.er.

(viii) The Administrator, who is present in the. Court, will execute all the necessar5r documents to carry out the intent of this order.

(ix) The builder will have to submit the fresh plals to the DDA though we'may note that earlier permission had been granted for 11 more W.P. (C) No.1581/03 & other connected matters Pagel? ott4 D1 flats on 2g.g.Lggg which were not constructed. The DDA wili carry out the necessary exercise within one month of the submission of the plans filed by the society. Such a decision will be taken by the DDA on the relevant documents being submitted. by the builder within 30 days of the agreement being entered into with the society through Administrator. The other local authoiities are also similarly expected to cooperate to put an end to this prolonged dispute by grving sanctions/approvals at the earliest.

¶8issue directions to all the parties to comply with the aforesaid terms which form part of our order. We make it clear that this brings to an end to al tfre disputes relating tb the right of allotment of flats to members. g. .We express our appreciation for the a.ssistance rendered by the lear-ned. cognsels to bring this dispute to an end as also for the approach of the parties in finding an amicable solution.

¶10The writ petitions stand disposed of with the aforesaid directions

¶11In ord.er to monitor the progress and for issuance of directions, in case of difficulty, the lead matterfeing writ petition No.15S1/03 will be. listed for directions on 29ft September, 20LO. ()4 &1 04 and 04 in W.P 1797 lO5. 2372-2973l()5, rEsez o5 -tg4o8ro6. tg4ttloo. L274o,oz. /.752gto7. 662glog alo.d 6gtolo9 ls w.P c.M No.26O5/O3 in trI.P.(Cl No.1586/O3. C.M. No. No.2666lOB in W.P.{C} uo.1e 1s/og. c.M. uos.zsgo/Og A 6697lOZ in W.P.{C| Wo.444?/O3. C.M. uo.otgzlos in w.p.(cl wo.gggg/os. c.nn. wos.29O-292lOO tn W.p.(gI /O5 in W.P O6 and C.M. No.39O/O6 and C.M. Nosr298-299/O6 in W.P.lCl No.392lO6 W.P. tC) No.15B1/03 & other connected matters n L. L-In view of the disposal of the writ petitions, all applications I stand disposed of. ffie

SANJAY Xrdnerv KAUL, J. l,,,n c, Y dta@ VAI,MIKI J. MEHTA, J. Frr-gt" -ffiYs-l,. - tl'L\a*;4 al*r zlelt' AUGUST 03, 2O1O Ne