1. The  Society presently has 1086 members and  943 members were duly approved by the Registrar of Cooperative Society, These persons became members of the society for the purpose of getting the flat/residential units long time back.
  2. Under the Delhi Cooperative Societies Act and Rules framed there under it is mandatory for a person to be eligible to became a member of the Society that he is not member of another Housing Society and is not the owner of any plot/house. The member is required to file an affidavit and make a declaration in that regard . It is stated that all the members of the  Society have been waiting for a long period of time with the hope and optimism that one day they will own a residential flat/units. It was for this reason that none of the member either tried to become owner of a residential plot/houses in Delhi or become member of any Other Group Housing Society. 
  3. The Society is also discharging the function of State and its activities are bound/liable to be supported by the Government, being the Welfare State. The Society has always been functional, working, operational and managing its affairs legally and properly, through its Managing Committee, it is stated that the  Society is regularly getting it’s account audited by the Accountant approved by the Registrar Cooperative Society (Rcs) .  The elections of the Society are held timely by RCS. Income Tax Returns of the Society are being filed every year. All statutory obligations of the Society are being performed as per law and well in time.
  4. In order to fulfill the objects of the Society , the Society purchased land comprised in khasra nos 130 (7-9), 131 (7-6)132(3-9) ,133 (2-8), 134 (4-0) , 135 min,(8-13), 136 (5-17),137(5-10),138(8-13), 139(5-8), 6/24(3-14), 10/3 (4-16), 4(2-16) 8/1 (1-12)and 410 (30-13)and 414 (1-10) measuring 89 bighas and 20 Biswas approx.  situated in the Revenue Estate of Village Mehrauli and Kusoompur, New Delhi vide duly registered Sale Deeds.
  5. Pursuant to the purchase of the said land, the said land was mutated in the Revenue Records in favour of the Society. The Society thus became bhumidhar of the said land.
  6. The Society has constructed a boundary wall around its land. It has installed a water pump. The  Society has done some filling work/leveling work on the land. The  Society has also done some electricity work. On some part of the land, which is though not notified , a mandir is in existence. The Society through its members has incurred huge amount of money in purchasing and maintaining this land.
  7. Ever since purchase of the said land, the  Society has been trying to get its building plan sanctioned and for NOC to be granted by the Municipal Authorities/DDA. The Society was not required to get the land use changed as the land use of the Society’s land was residential . However the building plans of the  Society were not sanctioned and NOC was not granted. It is stated that even as per the MOD 2021 the land use of the Society’s land is residential.
  8. The Central Government notified the Master Plan Delhi (MPD-2001, the land use of the land of the Society was shown as residential in MPD-2001. Despite the said fact its plans were not sanctioned and NOC was not granted.
  9. The Government of India, Ministry of Urban Affairs and Employment , issued a letter bearing no. K-13011/17/96-DDIB, regarding involvement of private developers in housing activities , to the Lt Governor of Delhi in 1998. This letter provided for involvement of private developers in housing activities. It was stated that private developers will henceforth be allowed to take up Land Assembly and Development as part of a housing project. The requirement was that the private agency/person/company should have legal ownership and /or legal possession of the land with confirming land use as per MPD-2001 and a total  of 15 acres of land shall be in the name of such company or party.
  10. Another letter 5.3.1999 was issued by Government of India to Lt. Governor ,regarding Land Assembly, Development involvement of Private Developers in Building Activities.
  11. 11Since the DDA was not permitting the  society to utilize the land for its members ,as proposed and was delaying the NOC , the  Society approached the Committee on Petition (Tenth Lok Sabha) for seeking permission for starting building activities on the land owned by the members of the  Society located at Vasant kunj, Mehrauli, New Delhi . After hearing DDA and Ministry of Urban Development the Petition Committee vide its report dated 6.3.1996 recommended that the Society be allowed to construct multistoried flats on its land. The relevant portions of the recommendation of the Committee on Petitions are extracted hereunder:-
  • The Committee further note that the land in question falls in the development area no.176 in the residential zone in the Delhi Master Plan but the DDA could not develop it due to its non-acquisition by the Delhi Administration. The DDA had requested the Delhi Administration to acquire the land as far back as in the year 1986. But the land has not been acquired so far in spite of many reminders by DDA. In fact the land has not even been notified for acquisition as yet. Moreover the Delhi Administration has not communicated any reason for not acquiring the land.
  • The Committee , while agreeing with the policy of the Government and the DDA about the planned development of Delhi, feel in the circumstances of the present case that the Jag Jiwan Cooperative House Building Society should be allowed to construct multistoried flats on their land and then flats are allotted to their members. To achieve this objective the petitioners may also fulfill the necessary formalities such as conversion of the society into a group housing society etc”.

12 . The society had issued various letters/reminders to the Hon’ble Lt Governor and Hon’ble Chief Minister for grant of NOC to the  Society to use the land for residential purpose. Recently the Hon’ble High Court had given a decision in a Writ Petition 23654/2005 asking the authorities to give their replies on the following observations by the Court:-

  • In Society’s case there has been no land allotment but the land has been purchased by them
  • There have been cases where the land which is privately acquired and developed for housing has been released or alternative land made available when the public purpose is also housing
  • Whether the DDA would still be interested in acquisition of the land if the land of the society is put for purposes of housing which is a public purpose and the society meets all the necessary norms. This is also in the context of the current policy where a public private participation is envisaged and further acquisition are not taking place for the DDA other than specifying the landuse.