Suresh Sharma v. Registrar Group Housing Society And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4077/2020 SURESH SHARMA ..... Petitioner Through Mr.Kapil Dutta, Adv.

versus REGISTRAR GROUP HOUSING SOCIETY AND ORS ..... Respondents Through Mr.Anuj Aggarwal, ASC, GNCTD with Mr.Ankit Monga, Advocate for R-1.

Mr.Dhanesh Relan, Standing Counsel for R3/DDA.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 10.07.2020 CM APPL. No.14632/2020(exemption) Allowed subject to all just exceptions.

W.P.(C) 4077/2020 1.

This hearing is conducted through video-conferencing. 2.

This writ petition is filed by the petitioner seeking the following reliefs:

"i) mandamus directing the respondent No.1 Registrar Group Housing Society to immediately forward the file to Delhi Development Authority to carry out the draw of lots in respect to the members of Moti Ratan Apartments (Indian Statistical Institute Cooperative Group Housing Society Limited) Plot No.7, Co-op. Group Housing Societies Complex, Dhirpur Phase-I, Delhi -110009.

ii) direct the respondent No.3 i.e. DDA to carry out the draw of lots in a time bound manner.

iii) direct the respondent No.2 to immediately handover the possession of the flats to the petitioner after the said draw of flats."

3.

Learned counsel has entered appearance on behalf of respondents No.1 and 3, respectively.

4.

Learned counsel for respondent No.1 states that there are two issues, which are holding up the draw of lots. Firstly, that respondent No.2 society has to first get an appropriate certificate from the RERA Authority, namely, that they are RERA compliant or they are exempted from RERA. Secondly, he submits that there are certain objections pending with respondent No.1. He also submits that respondent No.1 will dispose of the objections within four weeks by a reasoned order. In case, respondent No.1 has any issue, he will call for appropriate information from the concerned members of respondent No.2 society. It is further pleaded that once these two processes above are completed, respondent No.1 will forward the matter to the DDA/respondent No.3 for appropriate action including to carry out draw of lots as per law.

5.

Once the DDA/respondent No.3 receives the file, they will also take further steps expeditiously, preferably within eight weeks thereafter. 6.

Nothing further survives in this petition. The petition is accordingly disposed of with the above direction. All pending applications, if any, are also disposed of.

JAYANT NATH, J.

JULY 10, 2020/v