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IN THE HIGH COURT OF DELHI AT NEW DELHI
DATE OF DECISION: 24th September,
2007
W.P.(C) 155/2007 and CM Nos.285/2007 (stay) and 10475/2007
KHATTAR CO-OPERATIVE GROUP HOUSING
SOCIETY LTD. ..... Petitioner
Through: Mr. Valmiki Mehta, Sr. Advocate with
Mr. Vinay Gupta, Advocate
versus
REGISTRAR OF CO-OPERATIVE SOCIETIES ..... Respondent
Through: Mr. V.K. Tandon, Advocate
CORAM:
HON'BLE MR. JUSTICE MUKUL MUDGAL
HON'BLE MS. JUSTICE REVA KHETRAPAL
1. Whether reporters of local papers may be allowed
to see the judgment?
2. To be referred to the Reporter or not?
3. Whether judgment should be reported in Digest?
JUDGMENT
24.09.2007
: MUKUL MUDGAL, J. (Oral)
1. Rule DB. With the consent of counsel for the parties, the writ petition
is taken up for final hearing.
2. This writ petition has been filed by the petitioner seeking the
following relief:
?(i) pass necessary orders, directions or writ more so in the nature of
writ of certiorari quashing the impugned order dated 19.12.2006 in case
No.RCS/F.1374/CGHS/NE/06/2833-2838 emerging from the Show Cause Notice being
No.F.1374/CGHS/NE/2006/99 dated 12.6.2006 purporting to be a Show Cause Notice
under Section 37 of the Delhi Co-operative Societies Act, 2003, the said notice
as well as the order made pursuant thereto being illegal and unsustainable.?
3. Counsel for the petitioner has contended that subsequent to the
impugned order dated 19.12.2006 passed by the Registrar, Co-operative Societies,
this Court has delivered a judgment in Rajib Mukhopadhyaya's case, being W.P.
(C) No.1403-14/2006. It is submitted by counsel for the petitioner that in view
of the law laid down in the said judgment, the issue involved in the present
writ petition stands fully covered by the said judgment and in particular
reliance has been placed on paragraphs 12 and 13 of the said judgment, which
read as follows:
?12. Consequently, we uphold the constitutional validity of Rule 24(2) of
the DCS Rules subject to the above interpretation of the law submitted by the
learned Additional Solicitor General, which we accept and declare. The bye laws
of the Society shall be fully followed in entertaining the claims of memberships
set up by those applying through the medium of Rule 24(2) of the DCS Rules.
Thus, if the society has any existing requirements in its bye laws about the
characteristics required to be possessed by an intending member, only such
persons possessing the requirements as stipulated in the existing bye laws and
regulations of the Society are entitled to apply pursuant to Rule 24(2) of the
DCS Rules. We also make it clear that if the Society has any existing members
who have still not got the allotment of a plot/flat, such members, in accordance
with the bye laws, shall be first allotted the vacant plot/flat/premises before
resort to Rule 24(2) of the DCS Rules. It is only when all such existing
members awaiting allotment have been allotted the premises/plot/flats, shall the
operation of Rule 24(2) of the DCS Rules come into being.
13. Consequently, while dispelling the challenge to the constitutional
validity of Rule 24(2) of the DCS Rules, we nevertheless uphold the societies
right to restrict its membership in accordance with the bye-laws, regulations
and the rules of the society prospective candidates and further make it clear
that any prospective entrant to a society, pursuant to the mandate of Rule 24(2)
of the DCS Rules shall only be eligible to be allotted a plot after the
requirements of the existing members are fulfilled.?
4. However, since in view of the provisions of the Delhi Co-operative
Societies Act, an appeal against the Registrar's order is maintainable under
Section 112 of the said Act, the petitioner is directed to file an appeal
against the impugned order of the Registrar dated 19.12.2006 under Section 112
and the said appeal shall be disposed of on merits by the Tribunal by applying
the law laid down in Rajib Mukhopadhyaya's case and in particular paragraphs 12
and 13 extracted above. The appeal shall be filed not later than four weeks
from today. The said appeal, if filed not later than four weeks from today,
shall be disposed of on or before 31st December, 2007 in accordance with the law
as declared above. During the pendency of the appeal before the Tribunal, the
impugned order dated 19.12.2006 shall remain stayed.
5. W.P.(C) 155/2007 and CM Nos.285/2007 and 10475/2007 stand disposed of
accordingly.
Copy of this order be given dasti to counsel for the petitioner as
prayed.
MUKUL MUDGAL,J
REVA KHETRAPAL, J
SEPTEMBER 24, 2007
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