Sushil Kumari vs Delhi Development Authority & Ors.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of Decision: 23 April, 2026
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Uploaded on: 24 April, 2026
+ W.P.(C) 2038/2025
SUSHIL KUMARI .....Petitioner
Through: Mr. D.B. Ranga, Adv.
versus
DELHI DEVELOPMENT AUTHORITY & ORS. .....Respondents
Through: Mr. Vivek B. Saharya & Mr. Nishant,
Advs. for DDA.
Mr. Abhinav Sharma, Adv. for the
Respondent No. 2/RCS
Mr. Dhiranjan Malvey, Adv. for R-3.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MADHU JAIN
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The Petitioner-Ms. Sushil Kumari has filed the present petition under
Article 226 of the Constitution of India, inter alia , seeking allotment of a flat
in her favour.
3. According to the Petitioner, she is a member of the East End
Apartments Co-operative Group Housing Societies Ltd., Mayur Vihar-I-
Extension, Delhi (hereinafter, ‘Society’ ). The Petitioner was allotted
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membership no. 1132 w.e.f 19 December, 1980. Initially, the Petitioner was
to be allotted a Category ‘A’ flat, however, the same was later downgraded to
a Category ‘B’ flat.
4. An arbitration case bearing No.363/JR-II/GH/96-97 was filed by the
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Petitioner wherein she has challenged the said down-gradation. The same was
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decided vide award dated 8 May, 2001 and it was directed that the Petitioner
shall be allotted Category ‘A’ flat. The findings of the ld. Arbitrator are set
out below:
“I have heard the counsels for both the parties and have
also gone through the records available in the file and
after perusal of the records, it is a fact that the Claimant
(Decree Holder) had opted for allotment of category-‘A’
flat. It is also an admitted fact that the Administrator
vide his letter dated 02.07.1995 informed the Claimant
that her category had been lower down on account of
failure of making payment towards Category-‘A’ flat. In
my opinion the letter informing the Claimant dated
02.07.1995 is totally against the provisions of law. Time
and again, the Registrar, Co-operative Societies has
issued Directive under Rules 77 that category of flat
cannot be lower down without the consent of the
Concerned member in writing. The society was well
within right to take necessary action as per provisions
prescribed under the Delhi Co-operative Societies
Rules, 1973 in case the claimant had failed to make
payments in addition to charge the interest on the
delayed payment, but the society was not competent to
relegate the Claimant.
In view of the above discussion, the Award is made in
favour of the Claimant and against the respondent
society. The Claimant is entitled for allotment of a flat
for Category-A. Since the Registrar Cooperative
Societies vide his order dated 21.05.1987 has reserved
one flat of category-A for Claimant, the society is
directed to hand-over the possession of the same after
making the payments due towards her. The Claimant is
also entitled for Rs. 5,000.00 towards Arbitration Fee
deposited by the Claimant along with a cost of Rs.
1,000.00.
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The award is made on this 10 day of July, 1998 under
my hand and the seal of this Court.”
5. The said arbitration proceedings, thereafter, culminated in W.P.(C)
212/2016 titled ‘Sushil Kumari v. The Registrar Cooperative Societies &
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Ors.’ wherein vide order dated 12 January, 2016 it was directed as under:
“After some hearing, the learned counsel for the
petitioner sought liberty to withdraw the present writ
petition. It is stated that the petitioner’s right to be
considered for allotment of a category ‘B’ flat may
be reserved .
In view of the submission, the writ petition along
with the pending applications is dismissed as
withdrawn.
It is up to the Co-operative Society to consider its
policies and applicable regulations & byelaws and
having regard to the seniority position, availability
of the flat and other relevant parameters, consider
petitioner’s requests in accordance the law.”
6. Thus, as on date, the Petitioner is willing to take a Category ‘B’ flat and
is not pressing for relief on Category ‘A’ flat.
7. The position presently is that the Petitioner has still not been allotted
the Category ‘B’ flat. Hence, the prayer is for allotment of flat in favour of
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the Petitioner. Notice was issued in this petition on 25 March, 2025 and the
affidavits of the Respondents have come on record.
8. Firstly, the stand of the Delhi Development Authority (hereinafter,
‘DDA’ ) is that no recommendation has been received from the Registrar
Cooperative Societies (hereinafter, ‘RCS’ ) and hence, the DDA is unable to
allot the flat.
9. Insofar as the Society is concerned, the Society has no objection in the
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By:RAHUL
Signing Date:24.04.2026
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Category ‘B’ flat being allotted to the Petitioner. The stand of the Society is
set out in its reply affidavit which is set out below:
“1. That the Petitioner has filed a Writ Petition No. WP
(C)-2038/2025 seeking allotment of a flat in Category B
in the East End Apartments, a housing society in the
Mayur Vihar-1(Extn.), Delhi-110096 (herein after to be
referred to as the Society).
2. That Respondent No. 3 has already taken action to
facilitate allotment of a
Category B flat to the Petitioner. It has informed the
Respondent No. 2 vide letter dated 28.08.2022 that two
category B flats were lying vacant in the Society and out
of these two, one is required to be allotted to the
Petitioner. This letter forms the part of Annexure A3
(Colly) of the present Writ Petition and is available at
page 123 of the same.
3. That Respondent No. 3 sent another letter on
20.09.2024 to Respondent No. 2 by way of reminder and
requested to consider and decide the case of allotment
of flat to the Petitioner at the earliest. It was also
mentioned in the letter that all the required documents
in this regard had already been submitted to Respondent
No.2 vide letter dated 28.08.2024. Letter dated
20.09.2024 is annexed with this Reply as Annexture.
4. That in view of the preceding paras, Respondent
Number 3 has no objection to allotment of a vacant
Category B flat in the Society to the Petitioner and has
rather supported the claim of the Petitioner in this
regard.”
10. As can be seen from the reply filed by the Society, a flat is required to
be allotted to the Petitioner. There are no violations by the Petitioner.
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11. The RCS has filed an affidavit dated 17 October, 2025 in which
certain documents have been called from the Society. The relevant portions
of the affidavit filed by the RCS is set out below:
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By:RAHUL
Signing Date:24.04.2026
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“ That the contents of para 24 are partly a matter of
record. It is most respectfully submitted that this office,
vide letter no. F.47/ARH/524A-GH/Sec-
II/RCS/2020/204 dated 24.02.2020, sought clarification
regarding clearance of membership of Ms. Sushil
Kumari (Membership No. 1132) in East End Apartment
CGHS Ltd. Further, the Society, vide its letter dated
28.08.2022, submitted some documents in respect of the
said membership. The matter has been taken up and
found that there are deficiencies in this matter and
accordingly the society vide this office letter dated
08.10.2025 has been informed to submit proper
details/documents with respect to such deficiencies
(Annexure 1). The same will be further examined and
taken up for consideration/approval of the competent
Authority. ”
12. Ld. Counsel for the Petitioner, at this stage, submits that certain
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documents were sought by the RCS on 17 February, 2026, when a personal
visit was made by the Petitioner. The document which was to be submitted
by the Petitioner was a verification certificate which has again been submitted
by the Petitioner to the RCS.
13. Under these circumstances, since none of the parties have any objection
and do not dispute the validity of the membership of the Petitioner and her
claim for allotment, it is directed that the RCS shall process the case of the
Petitioner and send a recommendation to the DDA for allotment of the flat to
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the Petitioner by 30 May, 2026.
14. The DDA upon receiving the said recommendation shall allot the flat
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in favour of the Petitioner by 31 July 2026.
15. Thereafter, if the Petitioner wishes to seek conversion of the property
from leasehold to freehold, she is free to apply for the same after payment of
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By:RAHUL
Signing Date:24.04.2026
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usual charges. The same shall also be done expeditiously by the DDA.
16. The petition is disposed of in these terms. Pending applications, if any,
are also disposed of.
17. The Petitioner is permitted to approach the Court if there is any delay
by the authorities.
PRATHIBA M. SINGH
JUDGE
MADHU JAIN
JUDGE
APRIL 23, 2026
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Digitally Signed
By:RAHUL
Signing Date:24.04.2026
16:08:43