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2000 DIGILAW 335 (DEL)

ASHWANI KAPUR v. DELHI DEVELOPMENT AUTHORITY

2000-03-27

C.K.MAHAJAN

body2000
C. K. MAHAJAN, J. ( 1 ) THE learned Counsel for the parties agree that this petition can be finallydisposed of at this stage. ( 2 ) THE petitioner prays for directions to the respondents to allot a flat of Category-1 (3 bed room category) in his favour and for award of damages for the delay in theallotment of flat. ( 3 ) THE petitioner is a member of respondent No. 3 Society and has paid the entireamount of the costs of the flat totalling Rs. 3,73000. 00 by 17/07/1995. He wasexpelled from the Society on 2/11/1992. He filed an appeal against hisexpulsion. The appeal was allowed on 31/07/1995 and the expulsion order wasset aside. The Registrar, Cooperative Societies rejected the proposal of expulsionand cleared the name of the petitioner for allotment of flat vide letter dated 4/12/1995. The DDA/respondent No. 1 was informed by the Registrar, Cooperativesocieties. The petitioner approached the DDA for allotment of the flat. Till the filing ofthe petition allotment was not made to the petitioner. ( 4 ) THE petitioner contends that he is entitled to allotment of Category-1 flat. Entirecosts of the flat including interest has been paid. At present eight category-I flats arelying unallotted and the allotment has to be made by the DDA which is not taking anysteps for allotment. ( 5 ) RESPONDENT No. 1 in its counter affidavit concedes that a proposal was receivedfrom the Society after the clearance of the name of the petitioner. The Society has notcleared alt the dues including ground rent etc. The draw of lots can only be held afterthe Society deposits the dues. ( 6 ) THE Society in its affidavit has taken up the plea that all the 109 flats have beenallotted to various members and the petitioner s name could not be included in thedraw of lots for the reason that he was expelled from the membership. The membershipwas restored only on 31/07/1995. A draw was held on 9/04/1995 andallotment was made in favour of 99 members out of which 75 members were ofcategory-I and 24 members were of category-I 1. Eight flats of category-I and 6 flats ofcategory-II remained to be allotted. On 30/07/1995 another draw of lots was heldby the Society in the presence of the President and members of the Society andremaining 14 flats were also allotted to various members. Now no flats is left with thesociety for allotment. Eight flats of category-I and 6 flats ofcategory-II remained to be allotted. On 30/07/1995 another draw of lots was heldby the Society in the presence of the President and members of the Society andremaining 14 flats were also allotted to various members. Now no flats is left with thesociety for allotment. It was conceded by the respondent Society that one category-llflat bearing No. 82 is being used for office purposes by the welfare association andthe same could be allotted to the petitioner subject to his clearing all the dues, ( 7 ) THE petitioner in his rejoinder affidavit stated that eight flats of category-I are stilllying vacant and the draw of lots dated 30/07/1995 was not held in accordancewith the provision of the Act and the Rules. . The allotment is thus bad and is liable tobe struck down. ( 8 ) I have heard learned Counsel for the parties. ( 9 ) IT is not in dispute that the petitioner is eligible for allotment of flat in category-I. His name was cleared and the entire cost of the flat alongwith interest was depositedby him. He was thus entitled to category-I flat. The respondent-Society has taken theplea that all the 109 flats have been allotted and now there is no flat of category-I isavailable with the Society for allotment to the petitioner. The respondent has not beenable to explain how 14 flats were allotted without following. the procedure laid downfor allotment by the Registrar, Cooperative Societies, in the Directive dated 31. 5. 1984issued under Rule 77 of the Delhi Cooperative group Housing Societies Rules. ( 10 ) THE relevant portion of the Directive reads as under: "it is directed that the allotment of flats shall be held by the D. D. A. throughdraw of lots and no society shall allot the flats itself. After clearing the list ofmembers by the Cooperative Department, the DDA in consultation with theoffice bearers of the Society shall fix the date, time and place of draw andwould intimate the same to the Society and the Registrar. The draw shall beheld in the presence of the office bearers and members. of the Society andthe representative of the Registrar, Cooperative Societies should also beinvited. ( 11 ) IT is thus clear that the above procedure was not followed in so far as allotment of14 flats was concerned. The draw shall beheld in the presence of the office bearers and members. of the Society andthe representative of the Registrar, Cooperative Societies should also beinvited. ( 11 ) IT is thus clear that the above procedure was not followed in so far as allotment of14 flats was concerned. The DDA was not approached for fixing the date, time andplace of draw. The draw of lots was to be conducted by the DDA in the presence ofthe representatives of the Registrar, Cooperative Society and not by the Societyitself. ( 12 ) IN these circumstances the action of the Society with regard to allotment ofremaining 14 flats is bad in law and cannot be sustained as the same was not inconformity with the above procedure. The draw of lots held by the Society on 30thjuly, 1995 is set aside. ( 13 ) THE petition is allowed. ( 14 ) THE Society is directed to submit a proposal to the DDA within two weeks forconducting the draw of lots in respect of 14 flats after clearance of dues of groundrent. ( 15 ) IN case the Society has already handed over physical possession of the 14 flatto some other persons who were not valid allottees, it is the responsibility of thesociety to get these flats vacated and make them available for fresh allotment inaccordance with the procedure laid down in the Directive issued by the Registrar on31. 5. 1984. Petition allowed.