Mandeep Kaur Khalsa vs Registrar Of Co- Operative Societies And Ors.
- Court
- Delhi High Court
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
nd
Date of decision: 02 September, 2026
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Uploaded on: 05 September, 2026
# CNR No. DLHC010127722026
+ W.P.(C) 4149/2026
MANDEEP KAUR KHALSA .....Petitioner
Through: Mr. Ashwini Kr. Singh and Ms. Shruti
Singh, Advocates.
versus
REGISTRAR OF CO- OPERATIVE SOCIETIES
AND ORS. .....Respondents
Through: Ms. Harshita Nathrani, Adv. for Mr.
Sameer Vashisht, Standing Counsel
(Civil) GNCTD for RCS.
Ms. Mrinalini Sen, Standing Counsel
with Mr. Utkarsh Chandra, Advocate
for DDA. (M) 8917347515.
Mr. Sarthak Pathak, Advocate for R3.
(M) 8800579171
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE VIKAS MAHAJAN
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner- Mandeep Kaur
Khalsa under Article 226 of the Constitution of India, inter alia , seeking
directions to Respondent No. 1-Registrar Co-operative Societies ( hereinafter,
'RCS' ) to issue the certificate of regularization to the Petitioner for Flat No.
G-33, Tara Apartment, Alaknanda, Delhi.
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:05.09.2026
17:53:09
W.P.(C) 4149/2026 Page 1 of 12
3. The Petitioner is also seeking directions to the Delhi Development
Authority (hereinafter, 'DDA') to mutate and convert the Flat No. G-33 into
freehold.
4. The case of the Petitioner is that she is a bona fide purchaser and allottee
of Flat No. G-33, (hereinafter, 'the Flat') in Tara Co-operative Group Housing
Society Ltd., ( hereinafter, 'the Society' ) Alaknanda, New Delhi.
5. The background of the present case is that, the original allottee of the
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flat was one, Mr. A.C. Sen, who resigned on 14 April, 1978. Subsequently,
this flat was allotted to Brig. S.K. Puri, from whom the Petitioner purchased
the flat.
6. The documents executed between Brig. S.K. Puri and the Petitioner,
which includes the Agreement to Sell and Purchase have been placed on
record.
7. At the relevant point in time, Brig. S.K. Puri had also handed over
possession of the flat to the Petitioner. The Petitioner has thereafter remained
in peaceful possession of the said flat, since 2004. She has also deposited the
conversion charges for converting the flat from leasehold to freehold, to the
DDA. In this regard, reliance is placed upon the payment slip dated 2nd April,
2013 vide challan no. 10297613.
8. The case of the Petitioner is that, having already paid all the dues,
including maintenance charges, electricity charges, water charges, ground
rent, etc., both the flat and the membership in the Society deserved to be
transferred in her name. However, the same has not taken place, till date.
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9. A representation was made by the Petitioner on 19 February, 2026 to
the RCS for grant of membership for regularization of the flat. However, no
action was taken.
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:05.09.2026
17:53:09
W.P.(C) 4149/2026 Page 2 of 12
10. Hence, the present petition has been filed seeking issuance of certificate
of regularization in favour of the Petitioner for the flat and for conversion of
the flat from leasehold to freehold.
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11. Notice was issued in this petition on 1 April, 2026. Pursuant thereto,
all the three Respondents, namely, RCS, Society and the DDA have filed their
respective counter-affidavits.
12. The Society’s counter-affidavit has been sworn by Sh. Shashi Singh,
President of the Society, in which it is stated as under:
“[...] 3. That as per the records maintained by
Respondent No. 3, the original allottee of Flat No. G-
33, Tara Apartments, Alaknanda, New Delhi-110019
was Shri A. C. Sen. who resigned on 14.04.1978.
Subsequently, the said flat was allotted to Lt. Col. S. K.
Puri, whose name appeared on the waiting list, and his
membership was duly approved by the Managing
Committee in its meeting held on 17.08.1978. The
Petitioner is the lawful owner of the said flat no. G-33
by virtue of subsequent transfer and has been in
possession thereof. as Annexure P-3/1.
4. T hat it is verified from the records of Respondent
No.3 that the Petitioner has deposited an amount of Rs.
2,08, 100/- with Respondent No.2 (Delhi Development
Authority) vide Challan No. 10297613 towards
conversion charges for converting the flat from
leasehold to freehold. A copy of the payment slip
deposited on 02.04.2013 vide Challan No.10297613 is
annexed herewith and marked as Annexure P-3/2.
5. That as per the records of Tara Co-operative Group
Housing Society and the information provided by the
Petitioner, Ms. Mandeep Kaur Khalsa, owner of Flat
No. G-33, the said flat has not been mortgaged with any
Government authority or financial institution. The
Petitioner has also paid all ground rent and cleared
water and electricity charges up to date.
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:05.09.2026
17:53:09
W.P.(C) 4149/2026 Page 3 of 12
6. That the Petitioner has paid all the dues up till 2025,
she has also paid the ground rent for the year 2025-
2026 vide Chall an No. 01654 dated 22.09.2025, paid
to the Respondent No.2. in respect of flat no. G-33. A
copy of the letter dated 25.01.2026 regarding No Due
Certificate issued by the Respondent No.3, is annexed
herewith and marked as Annexure P-3/3.
7. That Respondent No.3 is aware the Petitioner had
written letter dated I 9.02.2026 to the Respondent No. 1
for grant of membership/ regularization certificate,
narrating therein that she purchased Flat No. G-33,
Tara Apartment, Alaknanda, Delhi, on 07.01.2004.
However, so far no action has been taken on her
application dated 19.02.2026. A copy of the letter dated
19.02.2026 is annexed herewith and marked as
Annexure P-3/4 .
8. That the present affidavit is being filed by Respondent
No.3 to place the true and correct factual position on
record and without prejudice to its rights and
contentions in law.”
13. A perusal of the above affidavit filed by the Society would show that
the membership of Brig. S.K. Puri was approved by the Managing Committee
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of the Society in its meeting held on 17 August, 1978 itself.
14. The RCS has, however, taken a position that the transfer of membership
in favour of Brig. S.K. Puri was not communicated to the RCS and there was
no compliance done in terms of Rule 24 of the Delhi Co-Operative Societies
Rules, 1973 (hereinafter, DCS Rules) . The stand of the RCS is as under:
“[...] 4. That it is most respectfully submitted that Tara
CGHS Ltd., Tara Apartments, Alaknanda, New Delhi-
110019, is registered with the Office of the Registrar,
Co-operative Societies under Registration No. 520/GH.
5. That as per the records available with Respondent
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:05.09.2026
17:53:09
W.P.(C) 4149/2026 Page 4 of 12
No. 1, Flat No. G-33 Tara Apartments, Alaknanda, New
Delhi-110019 was originally allotted to Shri A.C. Sen,
who resigned on 14.04.1978. Subsequently, the flat was
allotted to Lt. Col. S.K. Puri, whose name was on the
waiting list, and the membership was approved by the
Managing Committee in its meeting held on 17.08.1978.
The petitioner purchased the Flat No.33, Tara
Apartment on 07.01.2004.
6. That the records further indicate that the said original
member subsequently resigned from the membership of
the society. The Managing Committee of the society
accepted her resignation and approved the refund of her
dues.
7. That upon resignation of the original member, any
subsequent admission of a new member was required
to be undertaken strictly in accordance with the then
prevailing Delhi Co-operative Societies Act, 1972 and
Delhi Co-operative Societies Rules, 1973, particularly
Rule 24 which governs conditions for admission to
membership .
Rule 24 of the DCS Rules, 1973 is reproduced below:
" 24. Conditions to be compiled with for admission to
membership :-
1. No person shall be admitted as member of a co-
operative society unless-
(i) he has applied in writing in the form laid down by
the co-operative society or in the form specified by
the Registrar, if any, for membership along with a
declaration on oath that he is not-a member of any
other co-operative society having similar objects;
(ii) his application is approved by the committee of
the co-operative society in pursuance of the powers
conferred on it in that behalf and subject to such
resolution as the general body may in pursuance of
the powers conferred on it in that behalf from time to
time pass, and in the case of nominal, associate, or
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:05.09.2026
17:53:09
W.P.(C) 4149/2026 Page 5 of 12
sympathiser member by an officer of the society
authorised in that behalf by the committee.
(iii) he has fulfilled all other conditions laid down in
the Act, the Rules and the Bye-laws;
(iv) in case of a firm, company or body corporate,
society registered under the societies Registration
Act, 1860, a public trust registered under any law for
the time being in force relating to registration of
public trust or a local authority, the application for
membership is accompanied by a resolution
authorising it to apply for such membership, and the
sanction of the Lt. Governor has been accorded.
(v) in case of a Cooperative Housing Society, he has
been a resident of the National Capital Territory of
Delhi-for a minimum period of three years at the time
of applying for a membership in such society.
2. In case of vacancy in a housing society including
group housing society where layout and building plans
have been approved by the competent authority, the
same shall be filled by the committee by notifying it in
leading daily newspaper of Delhi in Hindi and English.
In case the number of applications are more than the
notified vacancies the membership shall be finalised
through draw of lot in the presence of authorised
representative of the Registrar."
xxx xxx xxx
9. That in the absence of any such communication or
approval, the RCS office has no record establishing
that Lt. Col. S.K. Puri, was ever validly admitted as a
member of the society in accordance with the Act,
Rules, and Bye-laws.
10. That the Petitioner's claim for regularisation of
membership or issuance of a Membership Clearance
Certificate is not supported by any statutory
documentation or records available with Respondent
No. 1.
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:05.09.2026
17:53:09
W.P.(C) 4149/2026 Page 6 of 12
11. That no material has been placed on record to
demonstrate:
a. lawful admission of Lt. Col. S.K. Puri, as a member,
b. compliance with Rule 24 of the DCS Rules, 1973,
c. approval of the Managing Committee, or
d. mandatory intimation to/approval of the Registrar.
12. In the absence of proof of existing, valid
membership in favour of the Petitioner's predecessor,
the Petitioner cannot derive any membership rights or
seek mutation on the basis of nomination or
succession .
13. It is submitted that mutation or conversion of
the flat, as sought against the DDA, is consequential in
nature and cannot be undertaken unless the
foundational requirement of valid membership stands
established in accordance with law.”
15. Insofar as the DDA is concerned, the DDA’s position is that the records
of the DDA reflect the original allottee as Sh. A.C. Sen and not Brig. S.K.
Puri and, therefore, the conversion of the flat cannot be processed. The stand
of the DDA is set out below:
“[...] 3. That, in the present case as per the records of
the society, flat no. G- 33 TARA CGHS LTD.,
ALAKNANDA, NEW DELHI- 110019 was allotted to
Mr. A.C. Sen (hereinafter referred as "Original
Allottee") in the draw of lots held on 13.04.1977.
4. That, an offline conversion application dated
18.03.2013 was received from the petitioner for
conversion of flat no. G- 33, Tara CGHS LTD.,
ALAKNANDA, NEW DELHI- 110019 from leasehold
to freehold. However, on scrutiny of the documents
submitted by the petitioner, it was observed that the flat
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:05.09.2026
17:53:09
W.P.(C) 4149/2026 Page 7 of 12
had been sold by Brig. S.K. Puri instead of Original
Allottee i.e. Mr. A.C. Sen as per records available.
5. That, the conversion application could not be
processed in the absence of membership clearance in
r/o Brig. S.K. Puri from Registrar of Co-operative
Societies, Government of National Capital Territory of
Delhi (hereinafter referred as "GNCTD").
6. That DDA has facilitated an online IDLI portal for
processing of conversion applications from leasehold to
freehold since 2020.
7. That, as per order dated 02.01.2026 issued by the
Ministry of Housing and Urban Affairs and subsequent
thereto order dated 19.01.2026 issued by DDA,
adoption of revised circle rates has been undertaken and
receipt of fresh applications for freehold conversion has
been put on hold w.e.f. 02.01.2026. Further, the process
of conversion from leasehold to freehold has been put
on hold till further orders. Consequently, the IDLI
portal is presently non-operational and the conversion
application can only be processed once the portal is
reactivated and subject to completion of codal
formalities. (A copy of the order dated 02.01.2026 and
19.01.2026 has been annexed herewith as Annexure-A1
and Annexure-A2 respectively).”
16. A conjoint reading of the affidavits filed by the Society, RCS and DDA
would show that the original membership of Sh. A.C. Sen is not in dispute.
The Society had also approved the membership of Brig. S.K. Puri way back
in 1978. However, there appears to have been a gap, inasmuch as the Society
may not have forwarded the application of Brig. S.K. Puri to the RCS for
recognition of his membership, though the Society had approved his
membership.
17. The Petitioner is a bona fide subsequent purchaser from Brig. S.K. Puri,
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:05.09.2026
17:53:09
W.P.(C) 4149/2026 Page 8 of 12
and has been in possession of the flat since 2004. More than 22 years have
since lapsed.
18. Insofar as Rule 24 of the DCS Rules is concerned, the same is extracted
below:
24. Conditions to be compiled with for admission to
membership :-
1. No person shall be admitted as member of a co-
operative society unless-
(i) he has applied in writing in the form laid down by
the co-operative society or in the form specified by
the Registrar, if any, for membership along with a
declaration on oath that he is not-a member of any
other co-operative society having similar objects;
(ii) his application is approved by the committee of
the co-operative society in pursuance of the powers
conferred on it in that behalf and subject to such
resolution as the general body may in pursuance of
the powers conferred on it in that behalf from time to
time pass, and in the case of nominal, associate, or
sympathiser member by an officer of the society
authorised in that behalf by the committee.
(iii) he has fulfilled all other conditions laid down in
the Act, the Rules and the Bye-laws;
(iv) in case of a firm, company or body corporate,
society registered under the societies Registration
Act, 1860, a public trust registered under any law for
the time being in force relating to registration of
public trust or a local authority, the application for
membership is accompanied by a resolution
authorising it to apply for such membership, and the
sanction of the Lt. Governor has been accorded.
(v) in case of a Cooperative Housing Society, he has
been a resident of the National Capital Territory of
Delhi-for a minimum period of three years at the time
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:05.09.2026
17:53:09
W.P.(C) 4149/2026 Page 9 of 12
of applying for a membership in such society.
19. In terms of Rule 24(1)(i) and (ii) of the DCS Rules, the application for
membership has to be made in writing and the same has to be approved by the
Society. Both these steps have already been duly carried out. In fact the
Society has approved the membership of Brig. S.K.Puri.
20. However, the subsequent step of the Society having not forwarded the
application to the RCS may have been a lapse on the part of the Society, for
which neither Brig. S.K. Puri nor the Petitioner can be held responsible or
blameworthy.
21. The overall position of the Society is that the Petitioner has cleared all
the dues and the No Dues Certificate (hereinafter, ‘NOC’) has also been issued
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by the Society on 25 January, 2026. The said NOC reads as under:
“This is to certify that:
1. The original allottee of Flat No. G-33, Tara
Apartments, Alaknanda, New Delhi-19 was Shri A. C.
Sen who was subsequently resigned. Due to this
resignation the flat was allotted to Lt. Col. S. K. Puri
whose name was on the waiting list. This membership
was approved by Managing Committee as per
resolution dated Aug.17, 1978.
2. Presently Smt. Mandeep Kaur Khalsa is in possession
of Flat No. G-33
3. Plinth area of Flat No. G-33 is 104.4 Sq. Mtrs.
4. Society has no objection to conversion of Flat No. G-
33 from Leasehold to Freehold.
5. There are no current outstanding against Flat No. G-
33.
6. There is no mortgage against Tara Apartments land.
7. Ground Rent paid for the year 2025-26 as per
Challan No.01654 dt. 22.09.2025 to DDA in respect of
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:05.09.2026
17:53:09
W.P.(C) 4149/2026 Page 10 of 12
Flat No. G-33.”
22. Under these circumstances, the Petitioner, who has validly purchased
the flat and has been in possession since 2004, cannot be deprived of
regularization of the flat and membership of the Society, especially, since the
Society has also clearly taken a position that the Petitioner is entitled to
regularization.
23. Accordingly, the following directions are issued:
(i) The name of the Petitioner be duly recorded/regularized in the records
of the Society as the owner of Flat No. G-33, in the Society. The Society
shall forward the name of the Petitioner to the RCS within one week
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from this order i.e., by 10 September 2026.
(ii) The RCS shall thereafter send the recommendation to the DDA within
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a period of one month i.e., by 15 October 2026 .
(iii) Thereafter, the DDA shall issue a letter of regularization in favour of
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the Petitioner by 10 December, 2026 .
(iv) Upon the Interactive Disposal of Land Information (hereinafter,
‘IDLI’) portal of the DDA being operational, the Petitioner shall file an
application for conversion of the flat from leasehold to freehold on the
portal. However, the said application shall be treated as an application
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dated 2 April, 2013, as the amount of Rs.2,08,100/- towards
conversion charges has already been deposited by the Petitioner.
(v) Upon the IDLI portal being operationalised, and the Petitioner filing a
formal application, the conversion of the flat from leasehold to freehold,
shall be effected within a period of three months, subject to compliance
of the requisite formalities.
24. At this stage, Ms. Mrinalini Sen, ld. Standing Counsel for the DDA
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:05.09.2026
17:53:09
W.P.(C) 4149/2026 Page 11 of 12
submits that the formalities as per the date of the application would have to be
complied with.
25. In the opinion of this Court, the same would be inequitable, as the
application of the Petitioner had been filed in 2013, however, for whatever
reason, the same has not been processed by the DDA and, for no fault of the
Petitioner. Accordingly, the application shall be treated as an application dated
2nd April, 2013.
26. The petition is disposed of in the above terms. The pending
applications, if any, are also disposed of.
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27. List for compliance on 14 December, 2026.
PRATHIBA M. SINGH
JUDGE
VIKAS MAHAJAN
JUDGE
SEPTEMBER 2, 2026/ aj/sm
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:05.09.2026
17:53:09
W.P.(C) 4149/2026 Page 12 of 12