Ashok Kumar Chopra v. Registrar Cooperative Socities & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4609/2021 and CM APPL. 14094/2021 ASHOK KUMAR CHOPRA .....Petitioner Through:

Mr Sanjeev Kumar, Mr Wahid Ali and Ms Vandana, Advocates along with petitioner in person.

versus REGISTRAR COOPERATIVE SOCITIES & ORS.

.....Respondents Through:

Mr Puhumi Aditya, proxy counsel for Mr Jawahar Raja, Advocate for R1/RCS.

Mr V.K. Tandon and Mr S.S. Dalal, Advocates for R-2 with Mr Pradeep Kumar, President and Mr Santosh Joshi, Secretary.

Ms Mrinalini Sen, Standing Counsel for DDA/R-3 with Ms Aditi Saxena, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 23.07.2024 1.

The petitioner has filed the present petition, inter alia, praying as under:

"a) the respondent No.1/RCS may kindly be directed to immediately convene Rule 90 Committee meeting for clearance of name of the petitioner for allotment of flat in the respondent society and;

b) the respondent No.1/RCS may further be directed, after obtaining clearance of Rule 90 committee, to recommend the name of the petitioner to Respondent No.-3/DDA for allotment flat to the petitioner in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent No.2 Society; and c) the respondent No.3/DDA may be directed to immediately hold a mini draw of lot for allotment of flat to the petitioner..."

2.

Mr Tandon, learned counsel appearing for respondent no.2 submits that initially, the petitioner's case was held up since the petitioner had not paid the required dues. He states that this aspect now stands settled and resolved. He submits that even so, the petitioner's case is still held up on account of non-submission of certain documents, as called for, by respondent no.1. He has handed over a copy of the letter dated 22.05.2024 issued by respondent no.1 calling upon respondent no.2 to submit "fresh Schedule VII along with all the relevant documents and information as per the format prescribed in Schedule VII of DCS Rules" in respect of three members, including the petitioner. He submits that in view of the said communication, respondent no.2 had sent a letter dated 01.07.2024 calling upon the petitioner to furnish certain documents. The copy of the said letter is also handed across to this Court.

3.

The learned counsel appearing for the petitioner submits that although certain documents had been supplied earlier, the petitioner will provide documents as required afresh within a period of one week from date. 4.

Mr Tandon assures this Court that immediately on receipt of the documents, respondent no.2 shall comply with the directions of the respondent no.1 as set out in the communication dated 22.05.2024. Respondent no.1 shall also thereafter suitably intimate/recommend to the 'Rule 90 Committee', as required, for taking an informed decision. 5.

Needless to state that if the petitioner is found to be entitled to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

allotment of the flat, the concerned Committee shall initiate further steps as expeditiously as possible, preferably within a period of three months from date.

6.

The petition is disposed of in the aforesaid terms. The pending application is also disposed of.

VIBHU BAKHRU, J SACHIN DATTA, J JULY 23, 2024 RK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.