Facts
The Petitioners, members of the Delhi Rail Karamchari Co-Operative Group Housing Society Ltd., filed a writ petition under Article 226 of the Constitution seeking a direction to the Delhi Development Authority (DDA) to convert their flats from leasehold to freehold
Source reference: p. 1Despite the deposition of conversion fees years prior, the DDA and the Registrar of Co-operative Societies (RCS) failed to process the conversions
Source reference: p. 2The RCS filed a status report claiming that original membership documents were not verified
Source reference: para 4However, the Society's Secretary produced a membership list in court that had already been verified and sealed by the RCS office
Source reference: para 5, 7The Court noted that while 40 members had deposited fees, only six flats had been converted, leading to "enormous frustration" among elderly members
Source reference: para 3, 5Issues
1. Whether the RCS and DDA’s failure to process the freehold conversion despite the availability of verified records constitutes a dereliction of duty
Source reference: para 6, 72. Whether the Court can hold a specific official personally responsible for the implementation of its directions despite changes in departmental jurisdiction
Source reference: para 10, 11Law Applied
The Court exercised its writ jurisdiction under Article 226 of the Constitution of India to ensure administrative accountability
Source reference: p. 1It relied on the provisions of the Delhi Co-operative Societies (DCS) Act and the DCS Rules, 2007, specifically Schedule VII, which governs the verification of documents for membership and property processing
Source reference: para 4The Court applied the principle of administrative law that public authorities must act reasonably and not file "cryptic and sketchy" reports that contradict their own records
Source reference: para 6Reasoning
The Court observed a "complete dereliction of duty" by the RCS, noting that the agency claimed documents were unverified while the Society possessed a list bearing the RCS’s own seal
Source reference: para 6, 7Justice Singh criticized the RCS for filing a misleading status report and noted that the Section Officer present was unprepared
Source reference: para 6The Court reasoned that the delay was unjustifiable, particularly as members were passing away without obtaining legal title to their properties
Source reference: para 5To bypass administrative lethargy, the Court bypassed typical bureaucratic hurdles by ordering a fixed-date meeting (April 7, 2026) for physical verification
Source reference: para 7Crucially, the Court rejected the RCS’s plea to exempt the Assistant Registrar (Mr. Rajeev Chhabra) from responsibility on the grounds that he no longer handled the Society’s matters, holding that since he signed the deficient status report, he remained personally responsible for ensuring compliance
Source reference: para 10, 11Holding
The Court disposed of the petition by directing the RCS to verify the membership list and collect any necessary documents during a meeting on April 7, 2026
It ordered the RCS to complete all actions and recommend the names to the DDA for freehold conversion within one month, by May 7, 2026
Source reference: para 9The Court held Mr. Rajeev Chhabra personally responsible for implementing these orders
Source reference: para 11A compliance hearing was scheduled for May 18, 2026, with a mandate for both RCS and DDA to file status reports and for concerned officials to be personally present
Source reference: para 13Original Court PDF
Ravinder Sharma & Ors.vsRegistrar Of Co-Operative Societies & Ors.
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