MEENA SAJNANI Vs. REGISTRAR (CO-OPERATIVE SOCIETIES)

JUDGEMENT

(1.) Present petition has been filed under Article 226 of the Constitution of India, seeking a direction to the Registrar Co-operative Societies ('RCS') i.e., Respondent No. 1 herein, to update its records to reflect the name of the Hon'ble Chief Justice of India Dr. A. S. Anand (Retd.), as an allottee against the Flat No. 184, Tower-8, Supreme Enclave, Mayur Vihar, Phase -1, Delhi- 110091 ('subject flat'), in place of an ex-member, Sh. B.S. Shant, in a time bound manner. It is also prayed that a consequential direction be issued to Delhi Development Authority ('DDA') i.e. Respondent No. 2, to convert the subject flat into freehold in the name of the Petitioner herein i.e., Ms. Meena Sajnani.

(2.) The admitted facts of this case which are relevant for the adjudication of the present petition are that one Shri B.S. Shant was enrolled as a member of the Supreme Co-operative Group Housing Society Ltd. ('Society') i.e., Respondent No. 3, and held membership no. 276. The subject flat was originally allotted by the Society to Shri B.S. Shant on 18/7/1992 through the Phase-I draw.

(3.) The cause of action for filing the present writ petition arose when Petitioner applied to Respondent No. 2 i.e., DDA on 8/5/2019 for converting the subject flat into a freehold apartment. However, the said application is pending till date, as the records of Respondent No. 2, continue to reflect the name of Sh. B.S. Shant as an allottee for the subject flat, whereas, the GPA and ATS relied upon by the Petitioner have been executed by Justice Dr. A.S. Anand. To enable processing of the application, DDA in 2019 directed the Petitioner to have name of Justice Dr. A.S. Anand cleared from the RCS i.e., Respondent No. 1.