Group Housing Societies in Delhi given free hand
MIL, Jul 14, 2005. Social Welfare Forum
New Delhi - In September 2004 the DDA returned a list 135 Group Housing Societies to Registrar Cooperative Societies for re-verification of their members so as to allot land to the deserving societies.
This was done by the DDA since most of the societies were either defunct or got their registration revived to get land on concessional rates for onward transmission to builders for illegal control.
The RCS went one step forward and demanded from societies a fresh affidavit from all members along with their photographs duly attested by a gazetted officer. The demand was highly excessive and most of the members could not fulfill these conditions.
The date for submission of affidavits extended from time to time and the last date was fixed as 19th April 2005.
Association for Welfare of Delhi Co-operative Group Housing Societies, which is registered in February as a society filed a writ in the High Court seeking quashing of that order of the RCS under which they asked for special affidavit for re-verification of membership of the societies.
A Bench of Delhi High Court presided by Mr. Justice Vijender Jain gave a democratic order by reversing the order of re-verification of members of Cooperative Societies including 135 Group Housing Societies awaiting land allotment from the DDA.
The High Court granted stay against the above order in the writ petition of Association for Welfare of Delhi Co-operative Group Housing Societies. The petitioner pleaded that the Delhi Co-operative Act did not provide any power to the RCS to re-verify the membership of the societies.
The petitioner also pleaded before the judges that the job of RCS is just to ensure smooth conduct of business of cooperative societies and the duty of DDA is just to allot the land to such societies based on the list forwarded to them by the office of the RCS. They cannot interfere into the democratic function of the Cooperative Societies, which the court was pleased to accept.
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