Smt. Raj Rani and Others vs Delhi Administration and Others

Pursuant to the order of this Court dealing with the affairs' of New Friends Co-operative House Building Society Limited, Shri Mukherjee was appointed as Chairman on 29th August, 1974. Thereafter; directions were given by this Court from time to time and ultimately in the judgment (reported in Raj Rani and Others Vs. Delhi Administration and Others, of this Court they were modified and clarified as and when occasions arose. Pursuant to all these directions and authority wested in him by this Court, Shri Mukherjee made a report and carried out many of the functions entrusted to him. SUPRIME COURT BAR ASSOCIATION: TILAK MARG: NEW DELHI 1

However, the affairs of the Society did not run smooth and despite the directions of this Court Shri Mukherjee's recommendations were allegedly disregarded in certain matters. The consequential dispute between the Society and the other parties who are represented in this petition resulted in contempt proceedings which are being disposed of by this order

We would have gone in depth into the various disputes agitated before us in this petition, and in the event of any disregard of this Court's authority being made out might have taken action against the concerned contemners, but we do not propose to do so in the light of very correct and fair stand taken by Mr. Sanghi, counsei on behalf of the Society today to the effect that the orders of this Court will be fully respected and the powers and functions we propose to west in Mr. Mukherjee by this order will be implicitly carried out by the Society and its managing committee

The report of Shri Mukherjee dated September 29, 1977 sets out the points in controvery and the areas of dispute which require resolution. In our view, Shri Mukhehrjee has been clotheds with the necessary authority by this Court to decide all those matters We reiterate that.

In regard to all these disputes including allotments of plots and refusal of allotment of plots, Shri Mukherjee will examine them, if need be over again, and make his decisions and communicate them to the Registrar as well as the President of the Committee', if there be one, There is a dispute regarding the survival of the committee, but we need not go into it for the purpose of deciding this lis. However, the decisions taken by Shri Mukherjee pursuant to this direction will be binding and the allotments he makes will be given effect to and the allotments already made but found to be improperly made will be rejected.

There is one dispute which relates to what has been described, as. "change and exchange'' of plots This dispute also will be considered by Shri Mukherjee. Of course, after giving brief hearing of the concerned parties and the members of the Committee or the quondam members of the Committee (since we are not deciding whether there is on extinct committee or not.)

In the event of Shri Mukherjee deciding any matter adversely to the interest of any allottee or non-allottee or the Society, it will be open to such person or the Society to move this Court with his or its reasons for changing or modifying the decision of Shri Mukherjee. Of course, we need hardly say that subject to the broad directions given by this Court in the decision referred to earlier (i.e Raj Rani and Others Vs. Delhi Administration and Others, , Shri Mukherjee will take note of the relevant provisions of the Co-operative Societies Act and the rules thereunder and the bye-lows.

The client of Mr. Sanghi will be free to give notice to the Registrar in regard to the elections to be held for the new committee. Since it is stated that the official term of the present committee has run out, the Registrar will proceed to held elections after moving this Court for directions as to whether the elections should be supervised by Shri Mukherjee, as has been done in the past, or not. Without getting the directions of this Court, fresh elections shall not be held.

Counsel on behald of the Delhi Development Authority has brought to our notice the circumstance that a large number of applicants who are eligible for allotment of plots have not been given such allotments and their lesses have not been registered since the position has to be clarified by this Court. We direct that all such cases where Delhi Development Authority regards the applicants eligible for allotment will be brought to the notice of sh. Mukherjee and he will dispose them of with utmost expedition and inform the Delhi Development Authority as to whether they are in order or not. On his approval being thus communicated, registration of the lasess can be undertaken.

Supplementary directions are necessary in make the order self-working. The Registrar, who has to take action in holding the elections after moving this Court, will also prepare a tentative list of the members of the Society and forward it is Sh. Mukherjee who will scrutinise it in the light of objections and his own records so that the uneligible members may be weeded out or eligible members who have been excluded wrongly may be included and present to the Court within a reasonable time thereafter the list as finalised by him. If there is any specific objection of any party to any part of the list so presented to this Court, it will be heard and orders passed on the strength of which elections will be held.

Shri Mukherjee has necessarily to deel with some specific person representing the Society or its committee. As stated earlier, there is some dispute about it. Even so, it is pointed out by Mr. Sanghi, for the society, that Rule 60(2) takes care of the situation. While we do not pronounce on this at present, we do direct that in case of communications to the society or action to be taken by the Society, the present President, Shri Chhebra, will function as such pre tempore and in his absence the Secretary of the Society will do so. This confers no rights on the parties concerned since we are only nominating these two persons to make the order visable.

The successful implementation of the order of this Court and the carrying set of the functions by the. Chairman will depend, in large messure, upon the active and orompt co-operation of the Delhi Development Authority and the Society. We, therefore, direct the Delhi Development Authority promptly to reply and otherwise actively to co-operate with Shri Mukherjee in all matters where he seeks information, particularly in the matter of allotments, elections and the like. If the society and the D.D.A., by any action stultify the orders of this Court, the Chairman will promptly report that matter to this Court for suitable action.