AVTAR VINAYAK Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) PETITIONER, a former Secretary and President of the Society (respondent no. 3 herein), has filed the present petition seeking cancellation of the allotment of flats No. A-2 to A-5 to respondents No. 4 to 7. Petitioner contends that the flats were constructed unauthorizedly without sanction and the allotment had been made illegally and fraudulently in favour of respondents No. 4 to 7. Petitioner seeks demolition of these flats which, he alleges, were constructed at the place designated and approved for parking.

(2.) PETITIONER additionally seeks cancellation of the allotment of a shop made in favour of respondent No. 8, who at the relevant time, was the President of the Society as being contrary to the provisions of the Delhi Cooperative societies Act, Rules and Bye-laws of the Society. Petitioner seeks a restraint on respondents 4 to 8 from participating in the Managing Committee of respondent no. 3-society.

(3.) PETITIONER alleges several illegalities frauds, forgeries and manipulations in the construction, allotment and handing over of the flats and the shop mentioned above on the part of the respondents No. 4 to 8 in collusion with the officers of respondents No. 1 and 2. Petitioner complains of continuous harassment at the hands of the respondents No. 4 to 7 and respondents No. 8 and 9, who have refused to hand over the possession of the flat duly allotted to him by the DDA as an original member of respondent No. 3 Society. He submits that the management of respondent No. 3 Society is being controlled by the former architect of the Society Shri P. D. Sharma i. e respondent no. 9, who, he claims, has been running the Society as his fiefdom, through his nominees and employees.