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Anil Sachdeva vs. Registrar of Cooperative Societies & Anr.

Writ Petition (Civil) · 2026:DHC:8236-DBDecided 22 Sept 2026New Delhi Bench
W.P.(C) 13976/2026CNR: DLHC010453212026
Justice Prathiba M. Singh · Justice Dinesh Bhatt

Background

An elderly petitioner (over 79 years old), who had been in possession of a flat in a cooperative group housing society since 1989, had his request to formally transfer membership into his name rejected by the Registrar of Cooperative Societies. The rejection was based on the finding that the society's own Managing Committee had never properly obtained regulatory approval for the original member's induction decades earlier: a lapse entirely outside the petitioner's control.

Decision Breakdown

The Court noted that the deficiency arose from the Managing Committee's own past failure to follow proper procedure, not from any fault of the petitioner, who had genuinely occupied the flat for decades. Considering his advanced age and the fact that he had been pursuing this issue for almost 40 years, the Court directed him to file a revision petition under Section 116 of the Delhi Co-operative Societies Act (with any delay condoned), directing the Financial Commissioner to hear all sides, examine the society's records, and decide within three months, bearing in mind the practical hardship the petitioner would face if membership were denied.

Lesson Learnt

A long-standing occupant should not be denied recognition of his rights merely because a housing society itself failed decades ago to follow proper regulatory procedure; such persons are entitled to have the matter freshly and fairly examined by the competent authority.

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