YOGI RAJ KRISHNA COOPERATIVE Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) CM No. 11864/2006 (by Vishrantika Coop. Group Housing Society)CM No. 11866/2006 (by New Ekta Coop. Group Housing Society)CM No. 2840/2007 (by M. V. Janhit Coop. Group Housing Society)The applicants/societies contend that they have a vital interest in directions that may be given in this writ petition and, therefore, they may be impleaded in this writ petition. We may note that these Cooperative Group housing Societies have been present in these proceedings for quite sometime. The said applications are allowed and the societies are formally impleaded as parties. Liberty given to these societies to move the court for appropriate directions depending upon the stage of completion of construction of units in their respective societies. Petitioner is directed to file amended memo of parties on record. CM No. 1637/2006 (by applicant-Shekhar Vashisht)CM No. 6134/2006 (by members of Jai Bhagwan Coop. Group Housing Society)CM Nos. 13286-13287/2006 (by members of Chinar Coop. Group Housing Society)CM No. 15387/2007 (Association of Coop. Group Housing Society Affected Members (AOCAM)CM 7157/2005 (by Nav Rachna Resident Welfare Assn.)The above CMs. are moved by members of the respective Societies and an association of affected members of a society. These applicants are permitted to intervene in the matter. WP (C)No. 10066/2004 on 16th June, 2004 petitioner i. e. Yogi Raj Krishna Cooperative Group housing Society filed this petition contending that DDA had fixed cut-off date as 31. 10. 2003, for allotment of land to the societies shortlisted for that purpose. It was contended that much after the cut off date, respondent no. 2 registrar of Cooperative Societies (RCS) forwarded a list of 35 societies to DDA i. e. respondent no. 1 for allotment of land. It was urged that most of the societies in said list were either non existent or totally defunct or decayed beyond retrieval. Notice of petition was issued to respondents for 30. 08. 2004 in the meanwhile, operation and effect of communication dated 25th March, 2004, whereby additional list of 35 societies had been furnished, was stayed.

(2.) ON 31. 8. 2004, an application was filed by Awas Deep Society averring that any decision taken in the writ petition would affect the right of applicant. Notice of the said application was issued and after hearing, Awas deep Society was made a party in the writ petition and arrayed as respondent. It was also ordered that till the next date no land be allotted to any society. Counter affidavit has been filed by respondent no. 2 i. e. Registrar, Cooperative societies.

(3.) DURING the pendency of proceedings and on consideration of the material on record, it was felt that the matter required further probe and consideration on account of "builders" having taken over Cooperative Societies. It was observed in order dated 22. 11. 2004, that societies were being sold and bought by builders in Delhi. Court expressed its deep concern over the matter and called for Vice Chairman, DDA and Registrar of Cooperative Societies to be present in person in court. Pursuant to said order Mr. M Gupta, Vice Chairman, DDA and Mr. S Gopal Sharma, Registrar Cooperative Societies, appeared in person in court and they informed that authorities were aware that after allotment of land to cooperative Housing Societies in certain cases, the society as a whole is purchased by Builders and thereafter members are changed on the basis of en masse resignations, expulsions and new members inducted by charging premium at market rates, taking advantage of loopholes in the Rules and Regulations. The court observed the need for formulation of a comprehensive policy with regard to allotment of land to Cooperative Societies taking into account the above factors. Union of India was also issued notice and has filed its affidavit. Learned Additional Solicitor General pointed out that an earnest attempt was being made to see that land allotted to societies was not hijacked by the builder mafia in Delhi and certain suggestions were placed on record.