JARNAIL SINGH Vs. THE REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) THE present petition has been filed under Article 226 of the Constitution of India seeking issuance of an appropriate writ, order or direction to Respondent to provide the Petitioner an HIG flat (3 bedrooms with drawing and dinning) instead of MIG (II) flat which has been illegally constructed on the stilts. The Petitioner has also prayed for a direction to the Respondents to identify, determine and demolish the illegal construction in the Respondent Society.

(2.) DURING the pendency of the present petition the original Petitioner unfortunately met with a road accident and passed away on 3rd January, 2008. Thereafter an application being CM No. 1061 of 2008 under Order 22 Rule 3 CPC was filed seeking substitution of the deceased Petitioner by his two legal heirs namely his wife and daughter. We see no difficulty in allowing this application and consequently the deceased's two legal heirs are substituted as Petitioners in the present writ petition.

(3.) ON merits, the Petitioners' base their claim on a certified copy of the approved list of members sent by the Registrar of Cooperative Societies to DDA for allotment of flats. Since the original of the said list was not available and the certified copy produced by the Petitioner was quite illegible and it contained overwriting, we directed the Petitioner vide our order dated 13th March, 2008 to file an affidavit giving particulars of payments made for HIG flat. In pursuance to the said order, Petitioner had filed an affidavit dated 17th May, 2008 giving the details of payments made of an amount of Rs. 1,58,733/ - approximately. Though no receipt of payment for an HIG flat has been annexed, two letters of the deceased Petitioner dated 21st February, 1988 and 30th May, 1988 addressed to Respondent Cooperative Society have been filed. By way of these letters the deceased Petitioner had enclosed his medical record and sought allotment of a flat on the ground floor on account of his disability. In one of the letters the deceased Petitioner had requested for allotment "under HIG block or otherwise".