Ravinder Sharma & Ors. vs Registrar Of Co-Operative Societies & Ors.
- Court
- Delhi High Court
- Case type
- Writ Petition Civil
- Decided on
- 17-03-2026
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 17 March, 2026.
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Uploaded on: 18 March, 2026.
+ W.P.(C) 13650/2025
RAVINDER SHARMA & ORS. .....Petitioners
Through: Mr. Arun Srivastava, Mr. Ashwini
Kumar Singh and Ms. Shruti Singh,
Advs.
versus
REGISTRAR OF CO-OPERATIVE
SOCIETIES & ORS. .....Respondents
Through: Mr. Abhinav Sharma and Mr.
Shubham, Advs. for RCS.
Mr. Sahil Chawla, Adv. for DDA.
Mr. Anubhav Gupta, Adv. (M:
9910623535)
Mr. M.M. Miglani, Secretary of
Society in person with Ms. Kavita
Yadav and Mr. Ravinder in person.
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 Petitioners under Article 226
of the Constitution of India, inter alia , seeking issuance of an appropriate writ
directing the Respondent No. 2-Delhi Development Authority (hereinafter,
‘DDA’ ) to convert the flats of the Petitioner into freehold.
3. The Petitioners are the members of the Delhi Rail Karamchari Co-
Operative Group Housing Society Ltd., Piragari, Rohtak Road, Delhi
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Digitally Signed
By:DEVANSHU JOSHI
Signing Date:18.03.2026
15:22:55
(hereinafter, ‘Society’ ). Their grievance is that despite several years having
passed and the conversion fees having been deposited by them for conversion
of flats from leasehold to freehold, the DDA and the Registrar of Cooperative
Societies (hereinafter, ‘RCS’ ) have not enabled the conversion. No report has
been filed by the DDA in this matter.
4. The RCS has filed a status report signed by Mr. Rajeev Chhabra,
Assistant Registrar that the documents of the original members are not
verified. The relevant portion of the status report is extracted below:
“1. It is respectfully submitted that with reference to the
order dated 04.09.2025 in W.P.(C) No. 13650/2025, the
society was provided an opportunity to submit
documents vide this office letter dated 25.09.2025, copy
of which is enclosed as Annexure-I.
2. It is respectfully submitted that the President/
Secretary along with their Advocate visited RCS office
on 01.10.2025, proceedings regarding which are at
Annexure-11.
3. It is respectfully submitted that the matter will be
considered further as per provisions of DCS Act & Rules
on receipt of case wise proper details and document
with reference to Schedule VII of DCS Rule 2007, for
further verification of details as well as documents of the
original individual as well as society, which they
assured to submit at the earliest.
4. The above is submitted for the kind perusal of this
Hon'ble Court. This issue with the approval of Registrar
Cooperative Societies.”
5. Mr. M.M. Miglani, who is the Secretary of the Society, is present in
the Court today and has handed across to the Court a complete list of members
duly verified by the RCS. There are a total of 200 flats in the Society and six
flats are stated to have been converted to freehold. 40 members of the Society
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Signing Date:18.03.2026
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are stated to have deposited the amount with the DDA for conversion from
leasehold to freehold. The list handed across by Mr. Miglani to the Court is
taken on record. Mr. Miglani has expressed enormous frustration at the
manner in which the authorities are functioning. He submits that his previous
generation passed away without the flat being properly owned by them and
he himself is quite old and he too shall pass away knocking the doors of the
RCS and the DDA.
6. It is unfortunate that proper instructions are not being given by the RCS
officials to Mr. Sharma, ld. Counsel appearing for the RCS. The section
officer who is present is also unaware of the facts of this case. Moreover, the
status report filed by Mr. Rajeev Chhabra is cryptic and sketchy to say the
least. The RCS ought to conduct itself in a much more responsible manner.
When the list is available with the RCS, there is no reason why such a sketchy
status report has been filed that the original members are not verified.
7. This is a complete dereliction of duty by the RCS. The list, which has
been handed over bears the seal of the RCS office and these are obviously
available in the RCS record. Accordingly, let the Petitioners including the
office bearers of the Society i.e., the President or Secretary and any other
member who wish to appear before the RCS, shall appear before the RCS on
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7 April, 2026 at 11:30 AM.
8. Mr. Rajeev Chhabra himself shall entertain the office bearers of the
Society and verify the list on the said date. If any further documents are
required, the same shall be collected from the members by Mr. Chhabra. The
names of the members of the Society shall then be accordingly recommended
to the DDA for the purpose of allotment of the flats and for further processing
of freehold conversion of the properties.
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By:DEVANSHU JOSHI
Signing Date:18.03.2026
15:22:55
9. The entire action of the RCS shall be carried out within a period of one
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month i.e. by 7 May, 2025, failing which Mr. Rajeev Chhabra shall remain
personally present before the Court on the next date of hearing.
10. At this stage, it is submitted by ld. Counsel for the RCS that Mr. Rajeev
Chhabra is not the official concerned in this Society anymore. However, in
the opinion of this Court, since Mr. Rajeev Chhabra has filed the report, the
directions of this Court shall be implemented by Mr. Rajeev Chhabra, who is
still working in the RCS office along with any other official, who is in-charge
of this particular Society.
11. It is made clear that Mr. Rajeev Chhabra shall be personally responsible
to give effect to the orders passed by this Court.
12. The petition is disposed of in the above terms. Pending applications, if
any, are also disposed of.
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13. List for compliance on 18 May, 2026. Both the RCS and DDA shall
file status reports by the next date of hearing. The concerned officials shall
also remain personally present.
PRATHIBA M. SINGH
JUDGE
MADHU JAIN
JUDGE
MARCH 17, 2026/ dk/ck
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W.P.(C) 13650/2025 Page of
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:18.03.2026
15:22:55