AJAY CHAUHAN vs CHINAR CO-OPERATIVE GROUP HOUSING SOCIETY AND ANR

Judgment text excerpt

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 17th March, 2025 + W.P.(C) 5279/2024, CM APPLs. 21586/2024 & 7219/2025 AJAY CHAUHAN .....Petitioner Through: Mr. Archit Upadhaya, Mr. Aneesh Mittal and Ms. Sonia Abral, Advs. versus CHINAR CO-OPERATIVE GROUP HOUSING SOCIETY AND ANR .....Respondents Through: Ms. Leena Tuteja, Adv. with Mr. Parveen Wadhwa, President and Mr. Jatin Mittal, Secretary of Society. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J.(ORAL) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner under Article 226 of the Constitution of India seeking inter alia to set-aside the auction proceedings invoked by the Respondent No.1 for selling the flat belonging to the Petitioner. 3. The present petition reveals the 24-years struggle of the Petitioner’s family in obtaining the possession of a flat in Chinar Co-Operative Group Housing Society Ltd. (Majestic Apartments), Dwarka, New Delhi. The mother of the Petitioner (`allottee’) had applied for membership of the said Society upon clearly stating that she was a resident of Panchkula. She was W.P.(C) 5279/2024 Page 1 of 13 Signature Not Verified Signed By:DHIRENDER KUMAR Signing Date:18.03.2025 16:05:36 allotted a share certificate of Rs.100/- by the Society, on 16th February, 2002. According to the Petitioner, the allottee had paid an amount of Rs.13,75,264/-, details of which are as under: 4. It is the case of the Petitioner that this amount constitutes 100% of the initial cost of the flat and a substantial portion of the revised cost of the flat, which is to the tune of Rs.20,23,007/-. The revised cost of the said flat is as under: W.P.(C) 5279/2024 Page 2 of 13 Signature Not Verified Signed By:DHIRENDER