Impleadment Application in the SCI
sunil nautiyal
(Querist) 16 February 2011
This query is : Resolved
The Society CGHS constructed 264 flats for its members along with 118 covered car parking spaces (CCPS) in Stilt Area. The members were allotted CCPS through lucky draw on license basis on 24-02-1991. However, by the lapse of time some of the members sold the flats alongwith garages and some of the members sold the flats and garages separately. Knowing this some members who were kept in waiting list of car garages appealed before the Delhi Cooperative Tribunal. The appeal was allowed by the Delhi Cooperative Tribunal vide order dated 08-06-2007 with the direction to the society to take legal action against the original allottees of the parking space on attorney or sale basis and recover the parking space from them and to allot them to the waiting list members on the First Come First Serve Basis. The Society challenged the order and the High Court of Delhi set aside the order passed by Delhi Cooperative Tribunal making the Rule absolute directing that in case of sale of flats, rights in the car parking can also be transferred but the same cannot be transferred to an outsider who is not an owner of the flat. At para 20 of the judgment learned counsel for the contesting respondents sought to contend that there were some transfers made not to the same person who purchased the flat but to another flat owner in the society. Such a course of action could have been doubtful but in view of the resolution passed on 30-09-07 to treat the CCPS on ownership basis with heritable and transferable rights at par with the flats, no grievance even in that behalf can be made. Thus aggrieved my right since seller of my flat sold CCPS on 2002 and I bought the flat in the year 2005 through agreement to sell. My argument is that CCPS is part of stilt area and part of common area and can not be sold separately as held by Apex Court in civil appeal 2544/2010. Now wait listed members filed a SLP in the Supreme Court of India. I was never a party in lower courts, but can I file an impleadment application with above mentioned SLP though relief sought is different?? If not, then what is the procedure of filing a SLP as I was not a party in any court??
R.Ramachandran
(Expert) 17 February 2011
Yes, you can file an impleadment application in the SLP in question. Whether the SC would allow it or not is another question and even if it allows, then what will be the outcome is yet another matter. But those thoughts need not detain you from moving an application for impleadment.
