The Delhi High Court on Friday directed the government to reconstitute the Delhi Co-operative Tribunal – a forum to hear complaints related to group housing societies as per law with a retired judge as chairman.
Setting aside a May 26,2006 notification from the Lieutenant Governors Office,a Bench led by Justice Vikramajit Sen agreed that the present Tribunals constitution,headed by a retired bureaucrat,is in violation of the Delhi Co-operative Societies (DCS) Act. We have no hesitation in setting aside the notification dated May 26,2006,as it is not sustainable. We direct the government to constitute a proper tribunal as per the law, said the Bench. The Chairman of the Tribunal has to perform quasi-judicial functions,he should be a member of the judiciary,preferably a retired District Judge, the Bench said while hearing a the petition of advocate Rajeshwar Gupta alleging that the notification is in violation of the DCS Act.