W.P.(C)/13556/2022 of SHIV SHANKAR DEV Vs THE REGISTRAR CO-OPERATIVE SOCIETIES & ORS. on 28 October 2026

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner, inter alia, seeking directions to the Registrar of Cooperative Societies (hereinafter, 'RCS') to allot/regularize/approve the subject Flat No. 406, 4th Floor, Niji Co-Operative Group Housing Society Ltd. Plot No, 40-B, Sector-10 Dwarka, New Delhi- 110075 (hereinafter, ‘the subject flat’) and to consider the application for conversion of subject flat from leasehold to freehold.

3. The case of the Petitioner is that the Niji Co-Operative Group Housing Society Ltd. (hereinafter, ‘the Society’) had conducted a self draw of lots for allotment of specific flats, pursuant to which the Petitioner obtained membership and had paid requisite charges.

4. On 27th August, 2025, notice was issued to the RCS and status report was directed to be filed. Relevant portion of the order dated 27th August, 2025 reads as under: “10. Considering the submission of Ms. Sonia A. Menon, counsel for petitioner, that these documents which they have filed before the Court were also obtained through RTI from the RCS, it appears that the RCS may not have considered the matter in proper detail and that the documents may, in fact, still be available with the RCS.

11. For the purposes of closing this unending loop, it is directed that the RCS will convene a meeting/hearing before itself on 04th September 2025 at 11:00 A.M., in which, both the petitioner {duly assisted by counsel, if need be) and the respondent no.3/Society {duly assisted by counsel, if need be) will appear with all relevant documents to apprise the RCS in this regard.

12. Pursuant to further deliberations before the RCS, a status report shall be filed by the RCS before this Court within six weeks thereafter.”

5. On the same date, the Court was also informed by the Petitioner that there were no new dues of the Petitioner and the self draw deserves to be regularised.

6. A circular issued by the RCS on 4th June, 2026 bearing F. No. 47/RCS/Policy/155/P.F./2011/107-113 (hereinafter, 'the circular') in respect of self-draws had been placed before this Court in a similar matter being W.P.(C) 13650/2025 titled 'Ravinder Sharma & Ors. v. Registrar of Cooperative Societies & Ors.' on 10th July, 2026. The said circular is set out below: “F.No.47/RCS/Policy/155/P.F./2011/107-113 Dated: 04/06/2026 CIRCULAR

It is hereby informed to all concerned that the ‘self draw’ conducted by the 26 Cooperative Group Housing Societies (CGHS) were regularized by the Hon’ble LG, Delhi from the operation of sub section (1) of Section 77 of the Cooperative Societies Act, 2003 (Delhi Act 3 of 2004) vide order dated 17.10.2011.

It has further been decided to provide onetime opportunity to all such CGH Societies which had conducted self draw up to the year 2010 and which are not yet regularized.

All such remaining CGH Societies are hereby requested to submit the requisite information in the enclosed pro-forma to facilitate compilation of records and for preparing a proposal for submission to the Competent Authority.

The requisite details may be submitted to the undersigned latest by 30th of June, 2026.

This issues with the approval of Competent Authority. (DEPUTY REGISTRAR) (POLICY)”

7. In terms of the above circular, RCS was to consider whether regularisation could be effected.

8. Today Mr. Shashi Pratap Singh, ld. Counsel for RCS has filed a copy of the letter dated 23rd October, 2026 by which the Petitioner’s membership has been duly verified and the self draw of lots has been regularised and the membership has been cleared. The said letter is taken on record. Relevant portion of the letter is extracted below:

9. In view thereof, relief to the Petitioner is already granted. In terms of the said letter dated 23rd October, 2026, let the DDA issue the regularisation letter in favour of the Petitioner.

10. After opening of the IDLI portal, of the DDA, the Petitioner is also free to apply for conversion of the subject flat from lease hold to free hold.

11. The petition is accordingly disposed of in said terms.

PRATHIBA M. SINGH JUDGE

DINESH BHATT JUDGE OCTOBER 28, 2026/ss/ss