R-6, R-8 and R-9 o/o 23.11.2010 Present: Mr. Rajinder Dutta, Advocate for the petitioner in W.P.(C) Nos.20243105 and 530/07. None for the petitioner in W.P.(C) No. 742012006 Mr. V.K. Tandon, Advocate for the respondent Nos.1/RCS. Ms. Meera Bhatia, and Mr. Roshan Kumar, Advocates for R-l and 2. C.M.Nos.254l2OO9 (under Order 22 Rule 3 CPC) and 255/O9 (condonation of delav of 8 months and 15 davs) in WP (C) No.2O243/O5 The applications have been filed to bring on record the legal representatives of the deceased petitioner who passed ayvay on 25.4.2008 and is survived by his widow and three sons alongwith the application for condonation of delay in moving the said application. The applications are accompanied by the Death Certificate. In view of the facts set out in these applications, the delay in filing the application to bring the legal representatives on record is condoned and the application to bring on record the LRs is allowed. CMs stand disposed of. Amended memo of parties at page 102 is taken on record. +W.P.(Cl Nos. 2O243/2005 & CM No. 13184/2005, +W.P.(C) No. 742012006 & CM No. 581O/2O06 & *W.P.(C) No. 53O/2OO7 & CM No. 979120O7 These three petitions relate to the claim of the members of Hindustan Cooperative House Building Society Ltd. The claim is W.P.(C) Nos.2O243/O5, 7420/06 & 53O/O7 page 7 of 3 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified almost identical inasmuch as it is not disputed that these are members on the waiting list. However, the claim is predicated on the plea that their seniority in the waiting list would entitle them to a plot each and there are sufficient numbers of plots available. Learned counsel for the RCS states that the final list has not been verified and that the RCS will carry out the necessary exercise of verification of the list of members specially on the waiting list to find out as to where the petitioners stand insofar as their seniority is concerned based on the date of application. lt is only after such verification that the remaining plots can be offered as per seniority in the waiting list subject to their eligibility and fulfillment of other conditions. : We thus direct the RCS to carry out the necessary exercise within two months from today and prepare a seniority list so that the eligible wait listed members can get the plots and the petitioners entitlement would depend on their seniority in such a list of wait-listed members. Needless to say that the ultimate entitlement of the plot would be subject to their fulfilling the other terms and conditions of eligibility. On verification and finding out the eligible members, their names shall be forwarded to the DDA for holding a mini d.raw of lots within a period of 15 days and DDA will hold the draw of lots w.P.(C) Nos.2O243/O5, 7420/06 & 53O/O7 page 2 of 3 within 15 days of the receipt of the intimation by the RCS. The writ petitions and the applications are disposed of in the aforesaid consent order. Dasti to learned counsel for the parties. NOVEMBER 23, 2010 Ne/ib 4 SANJAY t(SHnru KAUL, J. f ^ c\ f,/ clt"tdtt^l*try VALMlKl J. MEHTA, J. w.P.(C) Nos.2O243/05, 7420/OG & 530/07 page 3 of 3