A discussion was organized by the Awaken Members Forum at Janak Puri Club, Janakpuri ,
New Delhi on 22.02.2015.
The Event was well managed and attended by over 140 members.
Participants as far away Gurgaon, Noida gave their auspicious presence.
Meeting was chaired by Mr. Bhatia, retired Joint Secretary,Government of India.
At the outset, members gave their self-introduction & told the suffering.
Mr. A.P.Choudhry said that he is member since 1991 & made full payment.
Mr. R K B Singh told despite member since 1989 and having paid full payment, he is still waiting.
Mr. Ashok Gupta also made similar story that in spite of having made full payment & membership since 1988, he has not been given possession of plot. He said he approached to High Court but of no avail.
Mr. L.M.Anand also made similar expression.
Mr Anil Saxena told that he belongs to Ahmedabad and had planned his visit to attend the meeting.
He offered all possible help to forum to accomplish the mission.
Mr. Ravish Kapoor Vasant kunj also offered full cooperation and asked part payment holder also deserved plot in the society.
Mr. Jasbir Singh MTNL, Mr. Venkat informed that they have made umpteen visits to the society but there is no responsible in the society to listen their grievances.
Mr. Ishwar Singh Saini 1995, Mr Rajendar Mohan Yadav 1996 Mr. Kumaran also painted very distorted picture. They said having made full payment. There is no one to listen them.
Professor Mukesh Kumar said he is very senior member of society having membership since 1992 & made full payment but still waiting.
Ms Sakshi 1992 said she does not know when she will get plot.
Mr Umesh Gupta 1992 said like him many member of his family had made full payment but he is not sure when will he get his plot.
Mr Rajeev Gupta advocate High Court And Mr Samir Aggarwal emphasized that early election of the society are more important.
Mr Ravi Sarpal said that now when it has been made clear that there was no resolution banning membership after 06.10.1996, election should be held soon.
Sh N K Jain, Assistant professor also made similar expression.
Views were also expressed by Mr Tanuj Goyal,Mr M R Gupta,Mr Sumit Gupta & asked that it will be better if all the groups working in the society should act jointly.
It was also asked by the members that voter list of society as per election of 2007, be published on the website.
Dr. N. P. Sharma, Patron of our forum enlightened the members about the need of unity among members. He said society can run only if Management Committee is honest, transparent and respect law of land. Further only those who can devote time can understand intricacies of depth of problem of society.
At last meeting was addressed by Mr. Bhutani.
We are also member like you and not an authority. We are sharing our experience.
Today agenda is Land & election of the society.
Our forum would like to appreciate the silent but sincere efforts of Mr Sushil Burman,Tarun Jain & Rakesh Sharma who have worked hard without expectation of any reward.
We do not have words to appreciate the hard & intelligent work done by Mr. Chand Anand.
Our is a registered trust and our account for the year 2013-14 has been audited.
Membership issue : Mr. Bhutani
In reference to election of the Saraswati kunj cooperative House Building Society, Gurgaon in CWP no 1116/2011 and others Hon’ble High Court of Panjab & Haryana has passed following order on 10.02.2011
“The Returning Officer is directed to prepare a fresh voter’s list as defined under rule2 (g) of Appendix A and Part-1 of the Rules and section 20(d) of the Act, after hearing the objections of the parties and then to start the election process in accordance with law as expeditiously as possible.
He will also consider the validity and legality or otherwise of the alleged resolution dated 6.10.1996 in preparing the new voters’ list in view of the aforesaid observations.
AR order 18.07.2012:
On review of above facts, an objection, society management report and documents the facts/evidences which certify that general body meeting was held on 6-10-1996 and decision was taken not to enroll new members. Thus, I understand that general body meeting was held on 6-10-1996 and proposal was passed not to enroll new members in that meeting.
This order had deprived nearly 3000 persons of membership who joined the society after 06.10.96
Consequently, we filed a CWP 17530/2012 before the High Court. The Hon’ble Court had delivered judgment on 03.10.2013 & directed Deputy Registrar Cooperative Society Gurgaon to decide this appeal within a period of one month from the date of receipt of a certified copy of the order
The Deputy Registrar, Cooperative Society, Gurgaon, vide his order judgment dated 12.12.2013 quashed the voter list prepared by Assistant Registrar order dated 18.07.2012. and directed to provide sufficient opportunity of hearing and by examining the evidences, by passing a speaking order specifying the reason in each case, and after following DUE PROCEDURE OF LAW, a genuine list of members should be prepared in an expeditious manner and ARCS, Gurgaon should scrutinize the list on these parameters either by grouping or on case by case basis instead of generalizing in an arbitrary manner so as to serve the interest of the genuine members of the society.
“It is observed that the aggrieved & many others have not been provided sufficient opportunities of hearing and the principle of natural justice has not been followed’.
Consequently AR made an order on 14.11.2014 and observed that there was NO resolution banning new membership wef 06.10.96 passed.
He has further directed society to prepare voter list and exclude defaulter member as ordered by High Court in cwp 21290
Any aggrieved person can approach higher court to seek justice .
It is matter of fact that society had enrolled membership after 06.10.1996 which has deficiencies
1. No entry in membership registers.
2. Issuing of multiple share certificates on same serial number.
3. There are various departmental judgments declaring that persons joining after 06.10.1996 are not members.
Sec 20D — The Board of administrators is yet to take decision on sec 20D
1. Protection from law of natural justice is available to only those members whose name appear in the voter list 2007—not others. If society has made members and their name do not appear in the voter list of 2007 he will not get protection of this judgment.
2. In cwp 7742 /2007 Panjab & Haryana High Court, the persons whose name do not appear in the voter list 2007 will not be treated as members.
3. On 29.11.2014, in the JANTA Darbar held at Gurgaon, we submitted a memorandum to Hon’ble Chief Minister pleading for early election & release of land from acquisition.
We received a message from CMOFF THAT OUR GRIEVANCE HAS BEEN REGISTERED VIDE REGISTRATION NO CMOFF/N/2015/11821 Accordingly, it is learnt that Government has instructed the Registrar office to conduct the election immediately. We expect some positive announcement soon from the Government
The most important query in the mind of members is that what will if someone go to court & seek stay order.
In this respect AR order are very clear that if someone is aggrieved his objection will be taken care as per election rules/program.
Once the election program begins, court does not entertain such type of grievances in CWP.
They can be heard after election as election petition.
Current Location of Land
Connecting projects :
1. Delhi metro to start functioning from the back of society
2. Rapid metro from the front of society.
3. Widening of Golf Course road to 16 lanes.
4. Vasant kunj to Gurgaon Delhi Faridbad road.
All these projects are to be completed within 1-2 years.
We propose to make this dream of getting plot into reality and developing the society as colony better to any best colony of Delhi. We want to turn it into world class society and it has potential to be so.
We want world class infrastructure inside the society and all facilities like roads, street light ,security ,water, shopping mall, banking space, educational institutes ,nursery/primary/senior secondary school, college for management courses, vegetable vendors etc. We want to give equal importance to develop swimming pool, cultural centre, auditorium, spa, yoga center, gym, indoor games, cafeteria, banquet hall, kids party hall, club, guest house, old man shelter, Hospital, Temple. Director Country & Town Planning has earmarked sufficient space in the existing license to develop these facilities.
It is the plot holders who have to pay for the development /repair of road, electricity, water, security etc
To meet the expenses of these facilities we have got sufficient hidden assets.
1. Recovery of bounce cheques 199 Rs 8.21 cr
2. Deficient payment from plot holder 35 rs 1.13cr
If we include interest there on it may becomes Rs 50.cr
As it is known to everyone, our society was registered in March 1983
1. 22.01.91 society was granted permission to purchase 760 bigha of land u/s89 of the Haryana Cooperative Act.
2. 30.8.1998 granted permission to purchase 500 acre PANCHAYAT LAND.
Society was granted a license no. 3 in 1995 for 116 acre of land & another license no. 1 in 2000.on 100 acre of land.
950 plots ware sanctioned in first license & 871 plots were sanctioned in second license.
Out of 1821, plots registration of around 1700 plots have been allotted. Only 100+ smallest plots were left for possession.
Availability of land Issue:
License applied 59
Land in Sec 43 33 (Paras Hospital Rate 1.50 lac)
Land in Sec 57 55
Land in 52A, 53, 54 124
Total 487 acres of land very prime location CWP no. 17545 is pending in the High Court.
Our petition 13129/2001 & 7880/2002 was dismissed by High Court on 31.10.2013
We have other land in Behrampur near sec 57 5-7 km from our main campus as
Land purchased on 7.7.2004 72 acre
GPA 70 acre
Society has not been able to get registration of land so far.
Agreement 97.5 acre
TOTAL Land 240 acre
In civil Appeal no 15790 of 1996 Hon’ble Supreme Court made observation
“ In our opinion ,therefore, the most fair & equitable method of drawing up the list of eligible members for allotment of remaining flats could be to draw the list according to the date of payment of the full call money by the members concerned”
Time for project completion—
There is general query that how much time will it take to deliver the plot.
Our reply is as under.
It is up to new managing committee to decide but we have following suggestion
1. First of all, membership issue is to resolved. DT&CP department Haryana has informed that after considerable discussion, the society’s pending license will not be issued until the society submits a complete list of valid members through Cooperation Department.
2. Plots from previous licenses numbering 100+ around can be given to members but strictly as per Supreme Court judgment.
3. Seniority list can be prepared only after the accounts of members are computerized.
Above can be completed in a year or so.
Our one license of 59 acres is pending with DTCP.
It will take at least one year to get license from DTCP. It may have lay plan of 500-550 plots.
DTCP permits licensee to develop colony with in a period of two years.
So society can give possession to plots after 3-to3.5 years
After that gradually there will be more development of land.
Some give suggestion that instead of plot, flats can be constructed to accommodate more members.
But it is not so easy.
As per Final Gurgaon, Manesar development plan 2031, density of sector 53 is 100 persons per acre where as in our project it is already 106 persons per acre.
We propose to construct flats in sector 43 where we have got 33 acre of land. Sector 43 is fully developed sector.
DTCP vide notification dated 01.06.2011 has relaxed density of group housing in sector 58 to 115 of GMUC 2031 to 300PPA
But this requires modification in GMUC 2031 which is done at the level of Cabinet.
Many members raise question whether land is sufficient?
9200 members as per official record.
Among it nearly 1/3 are dummies i.e 200 or nominal amount 1821 will have get/got plot under previous licences.
We can construct 2000 each flats & plots. Thus 4000 are sufficient to accommodate all.
We have also land in Behram Pur .
Then we have permission to acquire 500 acre land. We feel almost everyone will get the plot irrespective of his payment amount.
Some respected members have suggested that we should approach Mr Kejriwal or media.
In this respect my humble submission is that unless our house is in order –we should have proper documents none can help us.
We have suffered most because of the facts—
1. Previous managing committee didn’t furnish land ownership documents—JAMABANDI to court. Because of this society, could not establish ownership of land therefore High Court dismissed our petition for 88 acre of land.
2. Although previous managing Committee withdrawn huge amount from society but they didn’t pay to advocate properly with the result advocate didn’t attend court.
4. Society never furnished list of members to DTCP. Due to this our license for 59 acre land remained pending .RCS written to DR on 30.07.2007 but society never responded.
5. HUDA acquired land measuring 9.91 acre in sector 57 on 10.06.2003 sec 4 sec 6 on 08.06.2004 and award on 20.12.2005 but society never took any action against this acquisition. Society lost this land forever.
6. Previous managing committee could have completed membership register of the members after 06.10.1996. If they had done this, membership issue could have been resolved since long. Due to court cases we suffered 4 years.
7. There is hardly any documents submitted to court which is correct. It has become extremely difficult now to retrieve them for example in cwp 17545 we have furnished list of khasra of 66 acre land whereas land acquired by HUDA IS 124 acre. When we are giving incorrect data to Court how we can expect proper relief .
8. HARYANA Government vide memo no 5/30-2007/2TCP dated 26.10.2007 issued release policy from acquisition but previous managing COMMITTEE DIDN’T APPLY TO COMPETENT AUTHORITIES
Corruption by previous management Affidavit of Shrikant IAS Registrar Cooperative Society Haryana Panchkula
Page no 6 point 10
Management Committee of our society was most corrupt, incompetent, incapable persons.
Government of India has enacted a law In a significant judgment, the Supreme Court has held that if compensation for land acquired under the 1894 act has not been paid to the land owner or deposited with a competent court and retained in the treasury, then the acquisition would be deemed to have lapsed and would be covered under the 2013 law entitling the landowners to higher compensation.
However, the only rider is that such an award of compensation should be five years or more prior to the enactment of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which was notified on Jan 1, 2014.
“The deposit of compensation amount in the government treasury is of no avail and cannot be held to be equivalent to compensation paid to the landowners/persons interested,” said a bench of Justice R.M.Lodha, Justice Madan B. Lokur and Justice Kurian Joseph in their recent judgment.
“Under section 24(2) (of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013), land acquisition proceedings initiated under the 1894 (Land Acquisition) Act by are deemed to have lapsed where award has been made five years or more prior to the commencement of 2013 act and possession of the land is not taken or compensation has not been paid,” the court said
The following table aptly demonstrates the grounds on which the acquisition proceedings should be deemed to have lapsed in respect of the lands in question:
CWP NO 13129/2001 cwp7880/2002 cwp 17545/2007
Area of land 33.44 ACRE 54ACRE 124 ACRE
Date of notification 08.09. 1997 24.08.2000 20.06.2005
u/s 4 of 1894 Act
u/s6 of 1894 act 07.09.1998 22.08.2001 19.06.2006
date of award no 17 06.09.2000 no 9 21.07.2003 no 45
Under section 24(2) (of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 201
We have acquired JAMABANDI of more than 100 ACRES Land.
To develop 271 acre land, which is more than 1000cr project. Unless persons man of proven integrity are not in the management team ,no member is going to contribute anything.
Saraswatikunj Awaken Members Forum
Our account for the year 31.03.2014 has been audited & income tax return being submitted.
Unaudited account position from 01.04.2014 to 31.12.2014
Amount in lac
Fixed assets computer system 0.34
Advocate supreme court 1.00
Advocate fee High Court 1.11
Fee payable High Court 1.50
Administrative charges from 01.04.2014
to 28.02.2015 1.05
Funds available 0.50
During our pursuit of land we come across another piece of land 9.91 acre in sec 57 which also had been acquired but no action taken by the society so far.
Contribution can be made in the account at any branch of CANARA BANK in INDIA.
We do not accept cash.
Our account detail is as under
Name Saraswatikunj Awaken Members Forum
Saving Bank Account no 3008101010418 IFSC-CNRB0003008 Canara Bank Sec 3 Rohini Delhi 110085
At last, our forum thanked Mr Om Prakash, General Secretary at Janak Puri Club who extended all help in organizing the meeting in peace full manner.
Publishing of voterlist on website is possible if permitted by society.
WE are open to cooperation to all.