HEMA KALWANI & ANR. vs REGISTRAR OF COOPERATIVE SOCIETIES & ANR.

Judgment text excerpt

$~112 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 8th April, 2025 + W.P.(C) 4494/2025 HEMA KALWANI & ANR. .....Petitioners Through: Mr. S.P. Mukherjee & Mr. Kustubh Singh, Advocate. versus REGISTRAR OF COOPERATIVE SOCIETIES & ANR. .....Respondents Through: Mr. Manashwy Jha, Panel Counsel for R-1, (Mob-9013980961). CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. CM APPL. 20769/2025 (for exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 4494/2025 3. The present petition has been filed by the Petitioners under Article 226 of the Constitution of India seeking to direct Respondent No.1 - Registrar of Cooperative Societies (hereinafter ‘RCS’) to restrain the Respondent No.2 - Rajat Jain Cooperative Group Housing Society (hereinafter ‘Society’) from destroying the balcony of the Petitioners. 4. The Petitioners are the residents of Vidyasagar Apartments, Flat No. Signature Not Verified Signed By:NAMITA W.P.(C) 4494/2025 Page 1 of 5 DHYANI Signing Date:11.04.2025 13:40:28 101 which is managed by the Rajat Jain CGHS Limited, Plot No. 34, Sector 6 Dwarka, Delhi 110077. 5. The case of the Petitioners is that the said flat has a balcony and the Society had proposed to undertake a Balcony Extension Project (hereinafter ‘Project’) which included their balcony as well. Though the Petitioners had earlier wanted to participate in the said project, they had a change of mind and had subsequently communicated their unwillingness to participate in the aforementioned project to the Society. 6. It is the case of the Petitioners that there is an apprehension, that the Society would force them to pay money for the Project and in the absence thereo