Usha Sharma vs Government Of Nct Of Delhi Through The Registrar Cooperative Socities And Ors.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of Decision: 29 May, 2026
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Uploaded on : 1 June, 2026
+ W.P.(C) 7907/2026
USHA SHARMA .....Petitioner
Through: Mr. Faiyaz Hasan and Mr. Balraj
Tanwar, Advocates.
versus
GOVERNMENT OF NCT OF DELHI THROUGH THE
REGISTRAR COOPERATIVE SOCITIES AND ORS.
.....Respondents
Through: Mr. Shashi Pratap Singh, Ms. Shagun
Sabharwal, Ms. Anamika Tyagi and
Ms. Laqshyaa Saluja, Advocates for
R-1.
Mr. Neerav Anand, Advocate 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 - Mrs. Usha Sharma, who is claiming to be holding
Membership No. 49 in the Society - Mayur Bagh Cooperative Group Housing
Society Limited, has filed the present writ petition seeking, inter alia,
regularisation of the self-draw of lots in respect of her flat.
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3. According to the Petitioner, she was issued a share certificate on 16
June, 1987. Subsequently, the draw of lots was conducted and the possession
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letter was also issued on 11 September, 1994. The Petitioner is stated to be
in possession of flat No. 39 in the Society. According to the Petitioner, the
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W.P.(C) 7907/2026 Page 1 of 5
Digitally Signed
By:DHIRENDER KUMAR
Signing Date:01.06.2026
16:59:07

clearance and no objection certificate is also stated to have been issued
sometime in October, 1999, however, the subject flat has not been regularised
in favour of the Petitioner.
4. It is stated that certain objections were raised by the DDA in the
General Body meeting on 12th March, 2025. The objections appear to be
relating to the self-draw of lots.
5. The Court has heard ld. Counsel for the Petitioner and ld. Counsel for
the RCS.
6. It is submitted by ld. Counsel for the Petitioner that for several years
the regularisation has not been carried out and even though it was self-draw
of lots, the same deserves to be regularised.
7. Ld. Counsel for the RCS submits that the Petitioner has not made any
representation to the RCS.
8. This Court has already held that in similar matters, including in
W.P.(C) 12218/2021 titled Sh. Rajeev Saxena and Ors. v. Registrar of Co-
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operative Societies and Ors. wherein vide judgement dated 16 May, 2025
it was held that where self-draw of lots was held prior to 2010, in view of the
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decision of the then Lt. Governor dated 20 September, 2011, the respective
flats deserve to be regularised. Relevant portions of the said judgment in
Rajeev Saxena (supra) is extracted below:-
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“5. On 31 March, 2005, the Housing Society
informed the RCS of the self draw of lots and an
approval of the same was sought. It is seen that since
2005 continuously, the RCS raised queries after queries,
however, the approval was not given. In the meantime,
there were various others societies who had also
conducted the draw of flats by themselves without the
approval of the RCS. Thereafter, on 20th September,
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Digitally Signed
By:DHIRENDER KUMAR
Signing Date:01.06.2026
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2011 Mr. Tejendra Khanna, the then Hon’ble
Lieutenant Governor, Delhi (hereinafter “the LG”) had
taken a decision qua approval of the said self conducted
draw of lots, in the following terms:
“ I have perused the file.
The notification to regularize the draw of lots of 26
societies and proposal for withdrawal of
proceedings for supersession u./s 37 of the DCS
Act are approved. The permission to invite other
societies which might have conducted self-draw
before 2010 to give them opportunity for
regularization is also given .
I do not favour debarment of office bearers u/s
77(2) of DCS Act since the draws were held with
the consent of all members and the outcomes were
accepted unanimously. Evidently, no irregularity
other than procedural, was involved.
Regarding the imposition of charges in money
terms on the members, the recommendation of the
Mathur Committee on this issue, as already
approved, should be followed.
[...]
13. The Court has heard the ld. Counsels for the
parties. The clear picture that emerges from the facts
submitted and the documents placed on record is that
the Petitioners have been deprived of the legitimate
entitlement to their property rights over the last two
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Digitally Signed
By:DHIRENDER KUMAR
Signing Date:01.06.2026
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decades. The mistake, if any, could have only been of the
Housing Society and the RCS and not of the Petitioners.
Initially, there were some pending dues due to which the
Petitioners were not permitted to participate in the draw
of lots. Thereafter, having cleared the said dues, the
Petitioners’ names were forwarded to the RCS by the
Housing Society, however, no action has been taken on
the same by the RCS. This has led to considerable
harassment of the Petitioners. A perusal of the note
dated 20th September, 2011, of the then Hon’ble
Lieutenant Governor, Delhi, would clearly show that
opportunity of regularization in such cases ought to be
granted, if there is no irregularity in the allotment.
14. The Housing Society’s affidavit is clear to the
effect that the Petitioners are valid allottees in the
society. The Housing Society initially requested RCS to
do the draw of lots in respect of the Petitioners,
however, since there was no action taken by the RCS,
the Housing Society conducted the draw of lots only for
the concerned members. A substantial numbers of
members have been allotted their respective flats after
the draw of lots which was conducted by the RCS. This
Court of the opinion that the Housing Society obviously
did not have any ill-motive in conducting the self draw
of lots. The RCS ought to have taken a pragmatic view
of the matter rather than repeatedly insisting on
technicalities.
15. After having perused the noting of the Hon’ble
Lieutenant Governor, Delhi, this Court is of the view
that the RCS ought to have extended the benefit of the
same to the Petitioners. The RCS having failed to extend
the same, ought not to compel the Petitioners to run
from pillar to post for allotment of their flats.
16. Under these circumstances, this Court
exercising jurisdiction under Article 226 of the
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Digitally Signed
By:DHIRENDER KUMAR
Signing Date:01.06.2026
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Constitution of India, hereby regularises the self draw
of lots conducted by the Housing Society in favour of the
Petitioners.”
9. In view of the above position, let the Petitioner’s case be considered by
RCS for regularisation. The RCS shall verify the documents of the Petitioner
and the genuinity of the draw of lots as also the other documents. After
hearing the Petitioner and the Society, the RCS shall take a decision on
regularisation within a period of two months.
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10. The Petitioner and the Society shall appear before the RCS on 8 June,
2026 at 11.30am.
11. The petition is disposed of in the above terms. Pending applications, if
any, are also disposed of.
PRATHIBA M. SINGH
JUDGE
MADHU JAIN
JUDGE
MAY 29, 2026 /MR/msh
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W.P.(C) 7907/2026 Page 5 of 5
Digitally Signed
By:DHIRENDER KUMAR
Signing Date:01.06.2026
16:59:07