CHIEF COMMISSIONER DELHI Vs. KITTY PURI

JUDGEMENT

(1.) In this fast growing capital of India, all land which can be used for construction has been acquired by the Government to prevent profiteering by private persons. Government has further adopted the policy of leasing such land only to cooperative housing societies. Thus the only way for any one to get land for house building has been to become a member of such a society. It is important, therefore, both for the members of the public and for the Government to understand properly the law governing such membership and this is precisely what is involved in this appeal.

(2.) The Diplomatic Enclave Extension Co-operative House Building Society Limited (hereinafter called the Society) granted membership to Shri H.S. Puri on 13-2-1959. The latter transferred the membership to his father Shri B.S. Puri on 12-11-1969. When Shri B.S. Puri died on 3-2-1961 the name of Shri H.S. Puri was found in the books of the society as the nominee of the deceased member. On 31-10-1961, the Society informed Shri H.S. Puri that he could become a member if, inter-alia, he or his dependents did not have any plot of land in Delhi. Shri H.S. Puri apparently could not avail of this opportunity of becoming a member as he already owned a house in Delhi. After a long time he wrote to the Society on 21-4-1964 that his right as a nominee to become a member should be transferred by the Society to his daughter Mrs. Kitty Puri who did not have any plot or house in Delhi. This request was further supported by a joint letter dated 15-10-1964 by Shri H.S. Puri and Shri S.S. Puri, the sons and heirs of the deceased member Shri B.S. Puri. On 28-4-1964, the Managing Committee of the Society informed the Deputy Housing Commissioner as well as Sarvashri H.S. Puri and S.S. Puri that it had decided that membership be transferred to Mrs. Kitty Puri as requested by Sarvashri H.S. Puri and S.S. Puri, heirs of the late Shri B.S. Puri. On 16-9-1964 however, Shri H.S: Puri withdrew his consent to the transfer. On 28-9-1964, the Deputy Housing Commissioner informed the Society that neither Shri H.S. Puri nor Shri S.S. Puri could become a member of the Society as both possessed houses in Delhi. Sarvashri H.S. Puri and S.S. Puri could not, therefore, nominate Mrs. Kitty Puri. On 20-10-1965, therefore, the Society cancelled the decision to transfer the membership to Mrs. Kitty Puri.

(3.) Mrs. Kitty Puri, therefore, filed Civil Writ Pettition 857-D of 1965 praying that the cancellation of her membership by the Society at the instance of the Government be quashed. Her case was that first Shri H.S. Puri and then Shri B.S. Puri was a member of the Society. On the death of Shri B.S. Puri, Shri H.S. Puri was the nominee of the deceased member and as such he could transfer his right to become a member to the petitioner. The Society accepted the petitioner as a member and it could not thereafter cancel her memberhip at the instance of the Government. Moreover, the Society with the consent of the Government had allowed other similarly situated persons to become members of the Society and they could not therefore, discriminate against the petitioner by cancelling her membership.