Jyoti Bhogal v. Govt Of NCT Of Delhi & ORS.

$~55 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 5th May, 2026.

Uploaded on: 7th May, 2026.

+ W.P.(C) 5224/2026 & CM APPL. 25509/2026 JYOTI BHOGAL .....Petitioner Through:

Mr. Faiyaz Hasan and Mr. Balraj Tanwar, Advs.

versus GOVT OF NCT OF DELHI & ORS.

.....Respondents Through:

Ms Mrinalini Sen SC DDA, Mr.

Pranay Lakhanpal, Adv.

Mr.

Shashi Pratap Singh & Ms.

Laqshyaa Saluja, Advs. for RCS.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN Prathiba M. Singh, J. (Oral) 1.

This hearing has been done through hybrid mode. 2.

The present petition has been filed by the Petitioner-Ms. Jyoti Bhogal under Article 226 of the Constitution of India, inter alia, seeking regularisation of Flat No. 48, Mayur Bagh Cooperative Group Housing Society Ltd, (hereinafter, 'the Society') Paschim Vihar, New Delhi (hereinafter, 'flat No. 48').

3.

The brief background of the present petition is that, sometime in 1990, it was found that one Ms. Usha Gupta who was a member, was already holding Flat No. 1318, SFS Gulabi Bagh, and hence, she was disqualified and had resigned from the society.

4.

Thereafter, Mr. M.S. Rana, member of the Society , was allotted Flat No. 48, vide allotment letter dated 23rd May, 1996. Further, Mr. M.S. Rana was issued a No dues certificate from the society.

5.

Pursuant thereto, Mr. M. S. Rana had transferred the membership in the Society as also the flat No. 48 to the Petitioner herein i.e., Ms. Jyoti Bhogal vide General Power of Attorney dated 18th October, 1996, Will and Special Power of Attorney.

6.

Thereafter, the Petitioner applied to the Society for regularisation of the flat No. 48 in her favour, vide representations dated 10th September, 2020, 10th May, 2024 and 5th March, 2026. However, no reply was received and no action was taken by the Respondents. Hence, the present petition. 7.

Ld. Counsel for the Petitioner submits that after filing of the present petition, a letter dated 4th May, 2026 has been received from the Registrar Cooperative Societies (hereinafter, 'RCS').

8.

In the said letter, RCS has called for certain documents. The relevant documents which have been sought by the RCS vide the letter dated 4th May, 2026 are as under:

"[...] i.

Membership application of M.S. Rana.

ii.

Membership Register in r/o M.S. Rana.

iii.

Affidavit at time of enrolment in r/o M.S. Rana. iv.

MC Resolution in r/o M.S. Rana.

iv.

Ledger in r/o M.S. Rana.

v.

Reason for transferring membership in favour on Jyoti Bhogal so late on 25.02.2026 as per MC resolution whereas Will and GPA was executed on 18.10.1996."

9.

Ld. Counsel for the Petitioner submits that the membership application of Mr. M.S. Rana would be irrelevant in the present case. 10.

The Court has considered the matter and perused the records. The Society would be in possession of the documents relating to Mr. M.S. Rana. 11.

Accordingly, the following directions are issued:

(i) The Petitioner and the office bearers of the Society shall appear before the RCS on 25th May, 2026 at 11:30 a.m. (ii) After perusing the requisite documents and after verifying the credentials of the Petitioner, the RCS shall afford a hearing to the Petitioner.

(iii) At the time of the hearing, one office bearer of the Society shall remain present with all requisite records.

(iv) Upon such verification and hearing, the RCS shall pass an appropriate order and forward its recommendation to the Delhi Development Authority (hereinafter, 'DDA') for allotment of flat No.48 in favour of the Petitioner.

(v) The entire process shall be concluded within a period of two months from this order.

(vi) Upon receipt of the recommendation, the DDA shall expeditiously proceed with the allotment of flat No. 48 in favour of the Petitioner.

(vii) It is clarified that if all the documents of Mr. Rana are unavailable, so long as the history is verifiable, the RCS shall proceed further and not insist on all of Mr. Rana's documents. 12.

The present petition is disposed of in these terms. Pending applications, if any, are also disposed of.

PRATHIBA M. SINGH JUDGE MADHU JAIN JUDGE MAY 5, 2026 dj/sm