Delhi HC: Expelled Housing Society Members Await Tribunal's Expedited Decision

Quick Summary: A legal battle unfolds as members of a housing society in New Delhi fight their removal. The court has directed the Delhi Cooperative Tribunal (DCT) to speed up the hearing of their appeals.

The Expulsion Story

On May 8, 2015, the Registrar of Cooperative Societies (RCS) removed 35 members from the Sri Durga Cooperative Group Housing Society in New Delhi. This removal was challenged by the members, including Sachin Gupta, who claimed they had paid a lot of money for land and construction.

Tribunal Takes a Stand

The removed members appealed to the Delhi Cooperative Tribunal (DCT). Initially, on July 22, 2015, the DCT treated the appeal as if it was filed only by one member, Mr. O.N. Sharma. The tribunal issued a temporary order in his favor, pausing the removal for a while:

"For now, this appeal is treated to have been filed only by one removed member, A-1, then in that case, there is reason to pause the effect of the order."

Common Appeal Confusion

Later, on June 12, 2018, the DCT allowed the appeal to include all removed members but clarified that new members who joined during the temporary period wouldn't be removed. The tribunal's decision was reviewed on March 18, 2021, confirming that a group appeal was valid, but the temporary order applied only to Mr. Sharma.

High Court Steps In

The case reached the High Court of Delhi. On November 8, 2021, the court ordered everything to stay the same, stopping any new member enrollments or apartment assignments until further notice. This order has been in effect throughout the petition's waiting period.

Society's Defense

The society argued that the removals were justified and claimed illegal membership practices by some leaders. They claimed that some removed members, including Sachin Gupta, had no valid proof of membership fee payments.

Court's Decision

On January 30, 2026, Justices Prathiba M. Singh and Madhu Jain directed the DCT to speed up the appeals, setting a deadline of May 15, 2026, for a decision. The court maintained the current situation for the petitioners until the DCT hearing:

"The DCT shall hear the appeals of the Petitioners quickly and in any case, decide by 15th May, 2026."

Next Steps

The petitioners, including Sachin Gupta, are to appear before the DCT on February 9, 2026. The temporary order will remain until the DCT's first hearing date.

This case highlights the complexities of cooperative society disputes and the legal processes involved in resolving them.