Delhi HC raps Registrar of co-op society for delaying draw of lots

The Delhi High Court has rapped Registrar of Cooperative Societies for over five year delay in holding a draw of lots for flats.

Updated: Apr 24, 2011, 10:35 AM IST

New Delhi: The Delhi High Court has rapped
Registrar of Cooperative Societies (RCS) for the over five
year delay in holding a draw of lots for flats here as the
list of members of a housing society was not forwarded to the
DDA even after verification of documents.

"We are pained to note that other than calling upon us to
repeatedly pass the same kind of orders and causing wastage of
judicial time, the RCS appears to be doing nothing.

"Once the principles are set out by this court and
accepted, there is no reason why every society must keep on
approaching this court for holding a draw of lots and for
seeking allotment. The legal position having been settled, the
RCS should have volunteered to forward the names to DDA," a
division bench headed by Justice Sanjay Kishan Kaul said.

The court asked RCS to forward names of members to the
Delhi Development Authority (DDA) for holding a draw within 10
days, besides imposing a fine of Rs 10,000.

The RCS was also asked to pay the fine to Jai Bhawani
Cooperative Group Housing Society Ltd (Dwarka) in 15 days.

The group housing society, in its petition, alleged that
RCS has been sitting over the list of members even after the
verification process.

It alleged RCS was not forwarding the list to DDA for
holding a draw of lots, causing harassment to the members.

"We are thus of the view that RCS must be penalised for
such conduct and we have put to learned counsel for RCS to
notice that the costs which we seek to impose now would
continue to escalate for every such repeated stand taken by
the RCS contrary to our directions, which is really
contumacious in character and would be from the personal
account of RCS," the court said.

The RCS said it was not forwarding the list to DDA due to
the fact that the CBI did not file the charge sheet in a
criminal case pertaining to the housing society.

Terming the situation as "anarchic", the court cited its
various judgements in similar cases saying RCS should have
allowed the draw of lots.

"We have repeatedly emphasised to RCS through various
court orders about the almost anarchic situation which is
sought to be created by conduct of RCS. This court has been
faced with repeated examples of self-draws being held by
members, frustrated with the approach of RCS," it said.

The Society was offered land by DDA in 1998 at Sector 22,
Dwarka. On completion of 90 per cent construction, it sent a
letter to RCS proposing allotment of flats to 69 members.

Despite this, the names were not forwarded to DDA and the
members are hanging fire for more than 5 years since December,
2005, the court said.