Lalit Kumar Misri vs Registrar Cooperative Societies Govt Of Nct Of Delhi & Ors.

Prathiba M. Singh, J. (Oral)

This hearing has been done through hybrid mode.

Allowed, subject to all just exceptions. The application is disposed of.

The present petition has been filed by the Petitioner - Mr. Lalit Kumar Misri under Article 226 of the Constitution of India, inter alia, seeking directions to the Registrar, Co-operative Societies (hereinafter, ‘RCS’) for allotment of Flat No.50, Shankar Cooperative Group Housing Society Ltd. , Plot No.4, Sector-15, Rohini, Delhi (hereinafter, ‘Society’) in a time-bound manner and thereafter to Delhi Development Authority (hereinafter, ‘DDA’), to process the application of Petitioner for conversion of the property from leasehold to freehold.

The case of the Petitioner is that, initially, Flat No.50 in the Society was allotted to Smt. Suman Mahajan on 22^nd July, 1996 and the final draw of lots was held on 22^nd December, 1996, in which the formal allotment was carried out in favour of Smt. Mahajan.

The Society had furnished the record relating to six members, who were allotted the flats in the final draw of lots. However, the allotment was not confirmed by the RCS. The membership certificate was issued to Smt. Suman Mahajan, declaring her a member, in terms of Resolution dated 15^th January, 1985.

Smt. Suman Mahajan is stated to have transferred Flat No.50, initially to one, Ms. Tirath Kaur and thereafter, through Ms. Tirath Kaur to the Petitioner – Mr. Lalit Kumar Misri.

The share certificate was then issued by the Society to the Petitioner on 10^th February, 2008.

The grievance of the Petitioner is that, despite the documents existing in favour of the Petitioner, the allotment has not been forwarded by the RCS to the DDA, for the purpose of regularisation of the Flat No. 50.

Mr. Dhruv Rohatgi has brought to the attention of the Court the recent Circular issued by the RCS for regularisation of self-draws and submits that if the Society applies for the regularisation, the same shall be considered.

Heard. Recently, the RCS has issued a Circular bearing No. No.F.No.47/RCS/Policy/155/P.F./2011/107-113 dated 4^th June, 2026, wherein the flat owners, who have been allotted the flats through self-draw of the Societies and have not been regularized, have been permitted to approach the RCS. The relevant portion of the said circular is set out below:

Considering that the RCS is itself undertaking a complete exercise for regularization of self-draws, let the Petitioner approach the RCS through the Society, in terms of this circular and fill-up the pro-forma.

Though the deadline as per the Circular, i.e., 30^th June, 2026 has passed, considering that this is a recent circular and the RCS is making an attempt to resolve all the pending disputes, the pro-forma with the circular may be used by the Petitioner to submit his documents.

The Society shall submit the pro-forma on or before 31^st August, 2026.

The Petitioner and the Society shall appear before the RCS on 14^th September, 2026 at 11.30 am. The RCS shall hear the Petitioner, verify all the relevant documents, obtain the requisite information from the Society and, if the documents are found to be in order, shall forward its recommendation to the DDA, by 31^st October, 2026.

Upon receiving such recommendation, the DDA shall process the application of the Petitioner for regularization, and issue the regularisation letter by 31^st December, 2026. If the Petitioner wishes to thereafter apply for conversion to freehold, he would be free to do so, as per law.

The petition is disposed of in the above terms. Pending applications, if any, are also disposed of.