Facts
The petitioner sought directions to the Registrar, Cooperative Societies (“RCS”), for allotment and regularisation of Flat No. 50 in Shankar Cooperative Group Housing Society Ltd., Rohini, and thereafter sought processing by the Delhi Development Authority (“DDA”) for conversion from leasehold to freehold.
Source reference: p.2, paras. 3–4The flat was initially allotted to Smt. Suman Mahajan in the final draw of lots held on 22 December 1996. Although the Society furnished records concerning six members, the allotments were not confirmed by the RCS.
Source reference: p.2, paras. 4–5The flat was subsequently transferred through Ms. Tirath Kaur to the petitioner, and the Society issued a share certificate in the petitioner’s favour on 10 February 2008.
Source reference: p.2, paras. 6–7The petitioner alleged that, despite the existence of supporting documents, the RCS had not forwarded the allotment to the DDA for regularisation.
Source reference: p.2, para. 8During the proceedings, the RCS relied on its Circular dated 4 June 2026, which provided a one-time opportunity for cooperative group housing societies that had conducted self-draws up to 2010 but whose allotments had not been regularised to submit requisite information for consideration by the competent authority.
Source reference: p.2, para. 9; p.3, para. 10Issues
Whether the petitioner could approach the RCS through the Society under the RCS Circular dated 4 June 2026 for consideration of the unregularised self-draw allotment, notwithstanding that the circular’s submission deadline had expired.
Source reference: p.3, para. 11; p.4, para. 12Whether consequential directions ought to be issued to the Society, the RCS and the DDA for verification, recommendation and processing of the petitioner’s claim for regularisation of Flat No. 50.
Source reference: p.4, paras. 13–15Law Applied
The Court exercised its jurisdiction under Article 226 of the Constitution of India to issue appropriate directions to public authorities.
Source reference: p.2, para. 3It applied the administrative mechanism created by the RCS Circular dated 4 June 2026, under which cooperative group housing societies that had conducted self-draws up to 2010 and remained unregularised could submit prescribed information for preparation of a proposal before the competent authority.
Source reference: p.3, para. 10The circular referred to regularisation of earlier self-draws through exemption from Section 77(1) of the Delhi Cooperative Societies Act, 2003.
Source reference: p.3, para. 10The Court further proceeded on the principle that, where the competent authority has initiated a comprehensive process for resolving pending regularisation claims, the claimant should first pursue that specialised administrative procedure, subject to verification of documents and the authorities’ satisfaction regarding entitlement.
Source reference: p.3, para. 11; p.4, paras. 12–15Reasoning
Since the RCS had recently initiated a comprehensive exercise for regularising unregularised self-draw allotments, the Court considered it appropriate for the petitioner to pursue the circular-based procedure rather than issue an immediate direction for allotment or regularisation.
Source reference: p.3, para. 11The Court relaxed the expired deadline because the circular was recent and was intended to resolve pending disputes comprehensively.
Source reference: p.4, para. 12It directed the Society to submit the prescribed pro forma and required the petitioner and the Society to appear before the RCS, which was to verify the relevant documents and obtain necessary information from the Society.
Source reference: p.4, paras. 13–14The RCS was directed to forward its recommendation to the DDA only if the documents were found to be in order, thereby preserving administrative scrutiny of the petitioner’s claim.
Source reference: p.4, para. 14Holding
The petition was disposed of without granting an unconditional declaration of allotment or regularisation.
The Society was directed to submit the pro forma by 31 August 2026, and the petitioner and the Society were directed to appear before the RCS on 14 September 2026 at 11:30 a.m.
Source reference: p.4, paras. 13–14The RCS was directed to verify the documents and, if satisfied, forward its recommendation to the DDA by 31 October 2026.
Source reference: p.4, para. 14Upon receipt of the recommendation, the DDA was directed to process the petitioner’s application and issue the regularisation letter by 31 December 2026.
Source reference: p.4, para. 15The petitioner was thereafter left free to apply for conversion to freehold in accordance with law.
Source reference: p.4, para. 15Original Court PDF
Lalit Kumar MisrivsRegistrar Cooperative Societies Govt Of Nct Of Delhi & Ors.
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