RAM KUMAR KAPOOR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) WITH the consent of learned counsel for parties, the above captioned two petitions were heard together as their subject matter is the same and by this common judgment, these two petitions are being disposed of.

(2.) IN the above captioned first writ, in the year 1982, petitioner - Ram Kumar Kapoor was called upon by respondent - Sarv Priya Vihar Cooperative House Building Society Ltd. (henceforth refererred to as respondent - Society), to execute perpetual sub-lease in respect of Plot No.10/10, Sarv Priya Vihar, New Delhi, i.e, the subject plot . Vide Communication of April, 1994, respondent - Society had ceased the membership of petitioner - Ram Kumar Kapoor as he had entered into a business deal in respect of subject plot. The cessation of petitioner's membership of respondent - Society was contested before Registrar, Cooperative Societies, Delhi who vide order of 14th February, 1995 had set aside cessation of petitioner's membership of respondent - Society as proper procedure was not followed and because sufficient opportunity was not afforded to petitioner - Ram Petitioner � Ram Kumar Kapoor asserts that Kumar Kapoor. necessary formalities for execution of sub-lease of the subject plot was duly completed and was submitted to respondent - DDA who had called upon the respondent - Society to come forward for execution of the sub-lease of subject plot in favour of petitioner - Ram Kumar Kapoor but on account of late execution of sub-lease deed and non- construction on subject plot, respondent - DDA had charged penalty of Rs.1,49,603.00 , which was paid by him. However, vide Communication of 29th September, 1994 (Annexure-F), respondent - DDA had sought clarification from respondent - Society regarding petitioner's membership, though it was already clarified by Registrar, Cooperative Societies vide Communication of 10th February, 1994 that petitioner's membership of respondent - Society had not ceased.

(3.) THE above captioned first writ petition was filed, seeking direction to respondents to execute registered Deed of Sub-Lease in respect of subject plot and to refund penalty of Rs.1,49,603.00 charged by respondent - DDA towards non-execution of sub-lease and non- construction on the subject plot. This writ was contested by respondent � Society justifying cessation of petitioner's membership as General Power of Attorney executed by petitioner - Ram Kumar Kapoor in favour of Shri R.V.Bhasin was said to be for consideration, which violated Rule 40 of the Delhi Cooperative Societies Rules, 1973. Strangely, in the counter filed by respondent - Society, the stand taken is that petitioner's membership of this society had rightly ceased and the finding of Registrar, Cooperative Societies in its order of 14th February, 1995 is without jurisdiction and not in conformity with law.