REHABILITATION MINISTRY EMPLOYEES COOPERATIVE HOUSE BUILDING SOCIETY LTD. Vs. REGISTRAR COOPERATIVE SOCIETIES AND ANR.

JUDGEMENT

(1.) This writ petition is directed against the order dated 13.07.2009 passed by the Registrar of Co -operative Societies, whereby the draw -of -lots held on 28.04.2007 by the petitioner society in respect of four plots was declared to be null and void. The writ petition is also directed against the show -cause notice dated 13.07.2007 issued by the Registrar of Co -operative Societies to the petitioner society in respect of the said draw -of -lots held on 28.04.2007. The Managing Committee of the petitioner society has been asked to show cause as to why it should not be superseded for having allegedly contravening the provisions of Sec. 77 of the Delhi Cooperative Societies Act, 2003. The controversy in this writ petition centers around the question as to who is to carry out the draw -of -lots? Whether it is the society or the lessor?

(2.) As per the allotment letter dated 07/09.06.1982, it has been indicated that after completion of development of the land to the satisfaction of the Chief Settlement Commissioner, a perpetual lease would be granted to the society in respect of the residential plots carved out of the land. It is also stipulated that the society shall thereafter be required to make individual allotment to its members, subject to the verification of the membership of each member by the Registrar of Co -operative Societies. Thereafter, a perpetual sub -lease would be issued to the individual member on receipt of the allotment proposal accompanied by the verification report from the Registrar of Co -operative Societies.

(3.) Subsequent to the said allotment letter, a perpetual lease was executed by the President of India in favour of the petitioner society on 28.08.1989. The lease was in respect of a piece of land measuring 216 Bighas and 8 Biswas or thereabouts, situated at Villages Sarai Sahji, Begumpur and Parti Hameed Sarai, adjacent to Malviya Nagar Colony, New Delhi.