Delhi High Court
W.P.(C)/11959/2023 of DIN CO OPERATIVE GROUP HOUSING SOCIETY LTD Vs THE REGISTRAR OF CO OPERATIVE SOCIETIES AND OTHERS on 24 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010358152023 + W.P.(C) 11959/2023 DIN CO OPERATIVE GROUP HOUSING SOCIETY LTD .....Petitioner Through: Mr. A.S. Kulshrestha and Mr. Lalit Kumar, Advocates versus THE REGISTRAR OF CO OPERATIVE SOCIETIES AND OTHERS .....Respondents Through: Ms. Anvi
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IN THE HIGH COURT OF DELHI AT NEW DELHI
CNR No. DLHC010358152023
+
W.P.(C) 11959/2023
DIN CO OPERATIVE GROUP HOUSING
SOCIETY LTD
.....Petitioner
Through:
Mr. A.S. Kulshrestha and Mr. Lalit
Kumar, Advocates
versus
THE REGISTRAR OF CO OPERATIVE SOCIETIES
AND OTHERS
.....Respondents
Through:
Ms. Anvi Singh, Govt. Counsel for
RCS
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE DINESH BHATT
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O R D E R
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24.09.2026
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner Society seeking, inter alia, directions to the Registrar of Cooperative Societies to not grant membership to the Respondent Nos. 2 and 3 until the sale deed in their favour has been rectified.
3. The brief facts of the case are that Flat No. 80 was allotted by the Petitioner Society to one Major General Basant Singh. The said flat was sold to the Respondents No. 2 and 3 vide registered sale deed dated 2nd June, 2008. However, the Petitioner Society had certain objections to the said sale deed in respect of the plinth area and the parking area transferred to the Respondent Nos. 2 & 3. These objections were communicated to the RCS by the Petitioner Society and pursuant to the same the Respondent Nos. 2 & 3 initiated proceedings under Section 91 of the Delhi Cooperative Societies Act, 2003.
4. Order dated 7th July, 2015 was passed by the RCS directing the Petitioner Society to allot membership to the Respondent Nos. 2 & 3. The review against the said order was dismissed on 17th March, 2016 and the appeal against the same was also dismissed by the Financial Commissioner vide order dated 1st July, 2022.
5. Today, the Court has been informed that the membership has been granted to the Respondent Nos. 2 and 3.
6. The Society has an objection in respect of the content of the sale deed dealing with certain common areas of the Society.
7. Heard. The direction by the RCS in the present case reads: “A review petition dated 04.08.2015 filed by Shri A.K. Upadhyay, President of Din CGHS Ltd. through his counsel Sh. Sartaj Ali for the review of the orders dated 07.07.2015 passed by Sh. S.K. Ali, the then Additional RCS, disposing of the proceedings initiated U/s 91 of the DCS Act 2003, read with Rule 92 of RCS Rules 2007 in the matter of Sh. Gurman Singh & Mrs. Manjit Kaur V/s. DIN CGHS Ltd.
The grounds taken for the review are that the then Addl. RCS had not decided the basic point of disputes i.e. whether the individual members have right to sell the “Dwelling Unit” along with the common areas as per provisions of law. Further the operative para of the Sale Deed dated 02.06.2008 was not considered. The relevant provisions of the DCS Act and Rules, i.e. section 76 read with section 74, 91 and read 89 of DCS Rules 2007. Further the case laws submitted in the matter of The Nav Nirman CGHS Ltd. V/s. A.K. Murarka & Ors. and Nahalchand Laloochand Pvt. Ltd. V/s. Panchal CHBS Ltd. Were not considered.
In response of review petition a notice sent to Sh. S. Gurman Singh & Mrs. Manjit Kaur & the President /Secretary, the DIN CGHS Ltd. The respondents on dt. 21.01.2016 with the requested to appear before the court of the Special Registrar on
28.01.2016. On the date of hearing Sh. Gurman Singh requested for adjournment due to said demise of his Grand-Father (Nanaji), after that the case adjourned for 16.02.2016.
I have gone through the documentary evidence placed on record and heard the oral arguments advanced by both the parties viz a viz legal provisions given in DCS Act, 2003 and DCS Rules, 2007. The appellant has not come out with any new facts & reiterated the same, which were taken earlier. Further, car parking is an integral part of the flat as provided under the DCS Rules, 2007 wherein society has to allot one car parking to each member of society. In view of the fact, that no new ground has been made out, the review application is hereby dismissed.”
8. The above order has been upheld by the Financial Commissioner vide the impugned order. The membership of the Respondent nos. 2 and 3 has also been given. In the opinion of this Court the said membership cannot be held up due to the objections relating to the sale deed. If the sale deed is to be challenged by the Society, it may do so in accordance with law. The same cannot be challenged in a writ petition in this manner considering that the Financial Commissioner’s order dated 1st July, 2022 has already been given effect to.
9. The petition is disposed of with liberty to the Petitioner Society to avail of its remedies in accordance with law.
PRATHIBA M. SINGH, J
DINESH BHATT, J SEPTEMBER 24, 2026/‘rs’/msh