Vacant cooperative society flat must be allotted and physically handed over to the eligible member.

The Petitioner claimed membership of the ESIC Friends Co-operative Group Housing Society Ltd. since 1988 and asserted that he had paid approximately ₹15,00,000 towards the flat, besides electricity, water and maintenance charges, but had not been allotted or given physical possession of a flat.

He relied on the Delhi High Court’s decision in R.K. Tolani v. ESIC Friends Co-operative Group Housing Society Ltd. & Ors., W.P.(C) 8371/2024, where possession and allotment had been directed in favour of a similarly placed member.

During the proceedings, the Society’s Managing Committee was disbanded and an Administrator was appointed.

The Administrator reported that Flats Nos. 313 and 316, earlier occupied for storage of belongings by other flat owners, had been vacated and taken into the Administrator’s possession on 15 April 2026.

The Administrator stated that he had no objection to allotment of one of the flats to the Petitioner, and the Registrar of Co-operative Societies (“RCS”) also expressed no objection.

1. Whether the Petitioner, who claimed long-standing membership and payment of the cost and other charges relating to the flat, was entitled to allotment of one of the vacant flats in the Society.

2. Whether directions could be issued for delivery of physical possession to the Petitioner and for subsequent formal allotment by the Delhi Development Authority (“DDA”).

The Court exercised its jurisdiction under Articles 226 and 227 of the Constitution to issue appropriate directions concerning the allotment and delivery of possession of the Society’s vacant flat.

The Court relied on the practical and equitable principle that where a co-operative society member’s entitlement is undisputed or supported by the Society’s records, and a suitable vacant flat is available, the Court may direct the concerned statutory and society authorities to complete allotment and possession formalities.

The Court also considered the precedent of R.K. Tolani v. ESIC Friends Co-operative Group Housing Society Ltd. & Ors., cited as authority for directing allotment and physical possession to a similarly situated member.

The formal allotment process remained subject to recommendation by the RCS and action by the DDA.

The Court found that two flats were available, that the Administrator had secured possession of them after removal of third-party belongings, and that both the Administrator and the RCS had no objection to allotting one of them to the Petitioner.

In light of the Petitioner’s asserted membership, prior payments, the Society’s forwarding of his name for the draw of lots, and the absence of opposition from the competent authorities, the Court considered allotment of Flat No. 313 appropriate.

It therefore directed immediate delivery of physical possession, while preserving the statutory formal-allotment process by requiring the RCS to recommend the allotment to the DDA after possession was handed over.

After possession was handed over, the RCS was directed to send its recommendation to the DDA, which was required to complete formal allotment within one month.

The Petitioner was permitted to pursue separate legal remedies concerning any additional amounts allegedly paid to the Society.

The accompanying miscellaneous application was also disposed of.