Delhi High Court – Orders
Shiv Pujan vs Government Of Nct Of Delhi & Ors on 4 February, 2025
Author: Vibhu Bakhru
Bench: Vibhu Bakhru, Anoop Kumar Mendiratta
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1395/2025 CM APPL. 6766/2025
SHIV PUJAN .....Petitioner
Through: Mr. Jitender Kr. Singh and Ms. Anjali
Kumari, Ms. Harshita Singh, Ms.
Shivpriya, Advs.
versus
GOVERNMENT OF NCT OF DELHI & ORS. .....Respondents
Through: Mr. Arun Birbal and Mr. Sanjay
Singh, Advs. for DDA.
Mr. Anuj Agarwal, Mr. Siddhant
Dutt, Mr. Yash Upadhyay, Advs. for
GNCTD.
Mr. Manek Nakra, ASC for GNCTD
with Ms. Bhavya Nakra, Aditya
Goyal, Gunjan, Advs.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 04.02.2025
1. The petitioner has filed the present petition raising several reliefs. The
petitioner’s grievances are essentially three folds. First, he states that sewer
and shaft pipe work had been executed costing ₹90 lakhs. However, no
approval was taken from the General Body constituted of all members.
Second, he submits that the president and other members of the Managing
Committee of Prabha CGHS Ltd. (hereafter the respondent society) have
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raised unauthorized construction in their respective residential units and the
same are required to be demolished. Third, it is stated that a demand has
been raised for contribution of liaisoning charges for obtaining Completion
Certificate which is wholly illegal. Lastly, it is stated that there are several
irregularities committed by the management of the respondent society.
2. The petitioner claims that he has also made complaints to the
Registrar of Cooperative Societies (hereafter the RCS), however, no action
has been taken on his complaints. Additionally, it is stated that proceedings
have been commenced against the petitioner under Section 86(1)(c) of the
Delhi Cooperative Societies Act, 2003. However, the same are wholly
unjustified and are required to be quashed.
3. The petitioner had prior to filing the present petition filed a writ
petition being Writ Petition (C) No.595/2024, captioned Shiv Pujan v.
Government of NCT of Delhi & Ors., which was disposed of by this Court
by an order dated 16.01.2024. By way of the said writ petition, the petitioner
had raised the issue of unauthorised construction in the residential flats of
the society and also prayed that issue directions for dissolving the current
Management Committee of the respondent society. We consider it apposite
to refer to the said order which is reproduced below:-
“Present writ petition has been filed seeking directions to
the Respondents to remove the illegal and unauthorized
constructions in the residential flats of the Prabha
Cooperative Group Housing Society Ltd. (the “Society”).
The Petitioner further prays for issuance of directions to
dissolve the current management committee and for
appointment of an independent administrator to conduct
enquiry with respect to illegal and malafide actions of the
management committee including manipulation of the
structural audit report.
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2. Learned counsel for the Petitioner states that certain
office bearers of the Society have carried out illegal and
unauthorized construction in their respective flats, which is
in violation of building bye-laws such as changing the
structure of the flats and subsequently covering more area
than the allotted area. He further states that the newly
elected members of management committee of the Society
i.e. Respondent Nos.5 to 7 have used funds belonging to
the Society for carrying out aforesaid construction/
renovation work in their respective flats. He also states that
despite several complaints and representations in this
regard, Respondent Nos. 2 & 3 have failed to take
appropriate action.
3. A perusal of the paper book reveals that pursuant to the
Petitioner’s complaint with the Registrar of Co-operative
Societies regarding irregularities committed by the
management Committee of the Society, a show cause
notice dated 15th December, 2023 has been issued under
Section 61 of the Delhi Cooperative Society Act, 2003
inviting all concerned persons to appear before the Special
Registrar Cooperatives Societies. This Court is informed
that the next date of hearing in the said proceeding is 23rd
January, 2024 at 04:00 PM.
4. This Court also finds that the subsequent to the
Petitioner’s complaint with regard to unauthorised
construction, DDA after conducting an inspection has
issued notice dated 26th September, 2023.
5. Keeping in view the aforesaid facts, this Court is not
inclined to interfere at this stage; however, both DDA and
the Registrar of the Cooperative Society are directed to
conclude the proceedings in accordance with law as
expeditiously as possible. This Court clarifies that it has not
commented on the merits of the controversy. The rights and
contentions of all the parties are left open.”
4. The petitioner contends that the said order has not been complied
with.
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5. It is seen that the petitioner’s grievance regarding unauthorized
construction and irregularities in managing the society were raised in the
earlier petition and this Court had disposed of the said writ petition by
directing the DDA and RCS to conclude the proceedings as initiated by the
petitioner. The said proceedings have not been concluded; therefore, the
petitioner prays that an order be passed directing the DDA and the RCS to
conclude the same.
6. Mr. Birbal, the learned counsel appearing for the DDA, submits that
inspection in respect of the unauthorized construction was carried out and it
was found that unauthorized construction was raised in some of the
residential flats. He states that thereafter the society has filed an application
for regularizing the said construction by utilizing the remaining FAR and the
said issue is being considered by the DDA.
7. The learned counsel appearing for the RCS submits that the
proceedings initiated by the petitioner would be concluded within a period
of eight weeks from today.
8. We have some reservations as to how an unauthorized construction in
select flats can be regularized by utilization of the additional FAR as may be
available to the society at large. Clearly any benefit in unutilized FAR would
be required to be made available to all members of the society and not to
select members. However, we do not consider it apposite to examine this
issue in any further details as DDA is currently examining the same.
9. Insofar as the petitioner’s grievance regarding initiation of
proceedings for expulsion from the membership of the respondent society
and additional charges claimed on account of contribution of liaison fee and
sewer and pipe work is concerned, we do not consider it apposite to
This is a digitally signed order.
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entertain the said complaint in this petition. However, the petitioner would
be at liberty to raise his grievance before the RCS as the said issue relates to
the management of the respondent society. Needless to state that RCS is
required to consider the same in accordance with law.
10. We also bind the RCS to a statement made on his behalf that the
proceedings initiated would be concluded within a period of eight weeks
from today.
11. The petition is disposed of. The pending application is also disposed
of.
VIBHU BAKHRU, J
ANOOP KUMAR MENDIRATTA, J
FEBRUARY 04, 2025
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This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 10/02/2025 at 21:39:07