The RCS must regularise eligible self-draw allotments without requiring a fresh application.

The Society sought regularisation of the self-draw and membership of 50 members, whose flats had been allotted through a Society-conducted draw in 1986.

The RCS stated that the allotments had been made without its or the DDA’s involvement and contrary to Rule 77 of the Delhi Co-operative Societies Rules, 1973.

Although earlier RCS notings had considered 38 members fit for regularisation, the RCS maintained that no final decision had been made and that documents concerning transfers after the deaths of original members remained outstanding.

Of the 50 cases, 20 involved such transfers; the Society had been asked to provide supporting documents under the Delhi Co-operative Societies Act, 2003 and Rules, 2007.

The RCS stated that it was willing to examine the matter under its Circular dated 4 June 2026, which concerned recognition of flats allotted through self-draw.

1. Whether the Society’s self-draw and the memberships of its founding members were eligible for regularisation.

2. Whether the RCS could be directed to process regularisation without requiring the Society to make a fresh application under the Circular dated 4 June 2026, and how the 20 membership transfers following the original members’ deaths should be dealt with.

The judgment referred to Rule 77 of the Delhi Co-operative Societies Rules, 1973, which the RCS said had been violated when the Society conducted the self-draw without RCS or DDA involvement.

For the 20 cases involving transfers after death, the RCS had sought documents required under the Delhi Co-operative Societies Act, 2003 and the Delhi Co-operative Societies Rules, 2007, including share certificates, transfer affidavits, nomination forms, succession certificates and legal-heir NOCs.

The Court also considered the RCS Circular dated 4 June 2026 on recognition of flats allotted through self-draw.

The judgment states no separate precedent-based legal test; it resolves the matter on the record of prior RCS examination, the outstanding transfer verification and the prolonged pendency.

The Court found that the membership documents had been examined repeatedly by the RCS and that its records showed no apparent impediment to regularisation in the 30 cases not involving transfers after death.

The remaining issue concerned verification of the deaths of the original members and the legal heirs in whose favour membership was to be transferred.

Given the lengthy delay, the Court held that the members should not be made to wait indefinitely or required to repeat the process by applying afresh under the Circular, particularly when their files and documents had already been submitted to the RCS.

For the other 20 members, the RCS was directed to verify the deaths of the original members and the relevant legal heirs on 15 October 2026; the Society was to submit the specified transfer documents before that date, and members could appear before the RCS.

After verification, the RCS was to confirm membership by 30 November 2026, if no further documentation was required, and thereafter recommend issuance of allotment letters to the DDA, if required.

All rights and remedies were left open.