Points important CWP 17545
1. The society was registered by Assistant Registrar ,Gurgaon on 31.03.1983
2. The Deputy Registrar,Cooperative Society Gurgaon vide letter no 234B-A-IUIG dated 17.01.1991 granted permission to the Society under section 89 of Haryana Cooperative Act,1984 for purchase of 760 ie 475 acre of land.subject to certain conditions.
3. Consequently in 1990-2000 Society purchased 475 acre of land in Wazirzbad Gurgaon
4. On 09.06.1993 Society applied to DTCPHaryana u/s 3(1) of the Haryana Development & Regulation Act,1975 for grant of a licence
5. DTCP Haryana issued a licence no 3 of 1995 in favor of society for an area of 115.86 acre of land.
6. LAO 08.09.1997 issued a notification u/s 4 of Land Acquisition Act,1894 seeking to acquire land including 33.44 acres of land owned by the society The Notification stated that the “public purpose “necessitating the acquisition was the “development & utilization of land for residential ,commercial, institutional & open space area”
7. On 06.10.1997 Society made another application u/s 3(1) of the Haryana Development & Regulation Act,1975 for grant of licence.
8. On 30.07.1998 Deputy Registrar,Cooperative Society,Gurgaon vide letter no 1961/GA2URG /dated 30.07.1998 granted permission to purchase 500 acres of land u/s 89 of the Haryana Cooperative Society Act,1984
9. On 07.01.2000 DTCP,Haryana issued a licence no 1 of 2000 u/s 3 of the Haryana Development & Regulation of Urban Area Act,1975 for 100.526 acre of licence.
10. On 24.08.2000 LAO,Gurgaon issued a Notification u/s 4 of the Land Acquisiton Act,1894 to acquire land which includes our 55 acre land in Sector 57,Gurgaon.
11. 20.06.2005 LAO,Gurgaon issued notification u/s 4 of Land Acquistion Act,1894 to acquire land which include 124 Acre land owned by society.
12. Society filed CWP 17545/2007 in the High Court which is still pending.
Now the pertinent questions are
1. When a Cooperative Department of Haryana Government granted permission to society to purchase 760 bigha or 475 acre of land in Wazirabad village,Gurgaon with certain conditions and society is adhering to conditions imposed by Haryana Government ,then how can another department of Haryana Government LAO Gurgaon can disregard permission granted by former.
No time span was fixed when the development of project on 475 acre land is to be completed.
Reference at this stage be made to Ghaziabad Sheromani Sahkari Avas Samiti Ltd vs State of Up AIR1990 Supreme Court 645.Brief facts of the case reveal that some cooperative societies with membership of Government servants mostly of the lower strata filed writ petitions before the High Court challenging the notification unde section 4(1) of the Land Acquistion Act.The principal contention before the High Court was that cooperative Societies consisted of low paid Government servants having acquired the land in dispute for the purpose of providing residential accommodation to their members,the Development Authority constituted by the State Government for the same purpose would not have been permitted to acquire that land to their prejudice and there was no justification for depriving the petitioners of that case in the facts And circumstances of the case. While dealing with the first contention the Apex Court observed as under:-
In course of the hearing of these appeals we were satisfied about the genuineneness of the grievance advanced on behalf of the members through their respective cooperative societies and took the view that the members of the cooperative socities should not be denied residential accomofdation for which they had taken effective steps before the acquisition for the development authority was notifiedWe took into consideration the total number of members as also the number of eligible members, and total area which the members had acquired and entrusted to cooperative socities for construction the capacity of the members to pay for the construction now charged by the Development Authority,the need of planned development of the area;and all other relevant facts and cirvcumtances placed by all the partiesbefore us and formedthe opinion that it would be sufficient to meet the reuirements of the members of these societies if each one of them was provided with a plot limited to an area of 80 square yard” hearing
2. Till date there is no notice from Cooperative Department, Haryana Government that Society has violated any of terms & conditions imposed by them.
3. Haryana Government had granted a licence on 07.01.2000 to develop a residential colony. It means they were satisfied about the development of area 475 acre permission of which was by Haryana Government.
4. Then how another department can issue notification to acquire land of society on 18.09.1997 & 24.08.2000 .This tantamount to withdrawal of permission granted by Cooperative Department,Haryana Government.
It is against the principle of Natural Justice that permission granted by Cooperative Department Haryana Government is violated by Land Acquistion Department ,Gurgaon Haryana Government without hearing the case of society.
As such, action of LAO is illegal, bad in law & liable to be quashed.
5. That the notification u/s 4 of the Land Acquistion Act,1894 was issued on 20.06.2005 and the declaration u/s 6 was issued on 19.06.2006
The elected Management Committee of the Society was terminated on 02.02.2005 and the Commissioner,Gurgaon was appointed as Administrator, who was a nominee of the Government. The learned Commissioner continued as such upto 16.03.2007.
Dr Avtar Sing IAS ,Commissioner Gurgaon Division.cum Administrator The Saraswatikunj Cooperative Society Ltd,Gurgaon had written a letter no 18 dated 29.06.2006 to SH.S.S.Dhillon IAS Director Haryana Urban Estates,Chandigarh to cancel the notice issued u/s 4 on 20.06.2005 in regard to land measuring 124 acres by the Society.
On 18.03.2007 fresh election were held & elected Mangement Committee of the society was constituted.
In the written ststement of ASHIMA SANGWAN LAO Urban Estate Gurgaon in CWP 17545/2007dated 26.02.2008 page 2 point 2 “that the petitioner did not file objections u/s 5A of the LA Act.”
Intentionally or inadvertently Administrator of Society,a Government Nominee didn’t file objection u/s 5A of Land Acquistion Act in time.But the Society was denied statutory opportunity of hearing for no fault of members but to suffer for its consequences.
6.Management of Society— Managing Committee suspended/terminated &
1Administrators appointed vide office endorsement no 3246-48 dated 04.05.1989 for six months
2. Administrators appointed vide office endorsement no 179—89 dated 09.01.1997 for six months or till the committee is constituted which ever is earlier –remained in office till 03.09.1997
3.Administrators appointed vide office endorsement no 6806-18 dated 01.12.2000 for six months or till the committee is constituted which ever is earlier.—Remained in office till 24.09.2002
4. Administrators appointed on 29.11.2004 & remained in office till 16.03.2007
5 Administratord appointed on 06.05.2010 & continuing till date .
The first Manager Mr.Yoginder Kumar Aggarwal, Senior Auditor, appointed by Government indulged in corrupt practice and is under scanner. Second Manager also Audit Officer, also indulge in manipulation and caught red handed accepting bribe. Third Manager,Mr Kuldeep Singh Rana, also in the same practice and facing serious charges of tampering of records and benefitting his own family members/relatives.
The BOA has recommended to Registrar,Cooperative Society to file FIR against him.
Government suspended/terminated Managing Committee on account of corruption, incompetence and to the misfortune of the members.
“ In the CWP 6581 of 2011,The Registrar,Cooperative Society,Haryana filed an affidavit on13.02.2012 that Management Committee of the society Page 2 point 5 “that the allotment of plots to members was made by the MANAGING Committee as per their own wishes,no seniority or specific criteria was allotted at the time of allotment of plots.During the enquiries it was found that no seniority list of members was prepared by the society.The Managing Committee was acting as a property dealer and allotting the plots to their nears & dears.Even in many cases.many members of the same family were allotted plots within a year of their enrolment as member,where as the persons who were members since 1983 have not been allotted the plots till date.
Page 7 point 10
Illegal attemps to misappropriate the hard money of the members under the garb of development work by handing over the contract of development to Sh. Sulabh Goel ,the near relative of Sh D K Goel(the Chairman) to the tune of Rs 16.00 cr approximately but due to the active intervention of the members of the society, the attempt made by Sh.D .K .Goel(the Chairman ) being the chairman of the society wa foiled.The Chairman –Sh.D.k. Goel was issued notice under section 35 of the Act in this regard by the Deputy Registrar Gurgaon & was finally removed individually also.”
Manager of Society –Chief Executive Officer of Society remained a person of doubtful integrity.
Because of above, Petition of society was not followed rigorously & not received attention which it deserved.
1. Society never submitted documents showing ownership of land .
Inspite of all these allegations of inefficiency ,corruption society was functioning
. The Management Committee of the society had been suspended, terminated several times on account of mismanagement, misdeeds, complaint of members & corruption. The affairs of the society had exacerbated to such an extent that nearly thousand of members had left for heaven without getting abode in their life.
Such was the affairs of the society that on 02.02.2005,Management Committee of the Society was terminated for non compliance of maintaining of proper record, accounts and non furnishing of information-
1. Total land in possession of the society as per revenue record.
2. Licence granted for how much land by the Government and for how much land the approval is pending before the competent authority.
3. Total number of membership as on date & how many members are defaulter.
4. List of allotees in phase 1(in part 1 &2) and similarly the list of allotees in phase 2
5.Category wise classification of members in accordance with the size of plot held by them.
6.Letters of HUDA about EDC charges and how much amount has been paid by the society on this account.
7.Maps /Zoning plans approved by the Town & Country Planning Department alongwiththe permission granted for colonization.
8. In view of the present land possessed by the society how many members can be adjusted. If there is any litigation on any part of the land possessed by the society it should mention the area under dispute with next date of hearing
9. An affidavit regarding the keeping of accounts in various banks along with the present balance with a proof there of.
The Government Of Haryana got conducted the election of the society on 18.03.2007 but it was again terminated on 04.05.2010 under section) 34(1) of the Haryana Cooperative Act,1984 on account of negligent in the performance of duties enshrined in the bye-laws of the society and lapses/acts of omission & commission which have been found prejudicial to the interest of the society & members-
1.That society has failed to perform the primary duty since assuming office in March,2007 to date to ascertain the genuine & non genuine members and to provide the house sites to its member.
2.Society was required to prepare & sanction house plans to the members of the society
3.It is the primary duty of the Managing Committee of the society to maintain the books of account of the society as mentioned in bye-laws no 36 2&4.It is clearly provided in section48 of the Haryana Cooperative Societies Act,1984 that the “Cooperative Societies” shall prepare balance sheet, profit& loss account, trading account and such other statements relating to the working of the society on such interval as may be specified by the Registrar from time to time.
3.The Haryana Cooperative Society Act,1984 sec25(3) envisages tha”A General Body Meeting of a Cooperative Society shall be held once in a year for the purpose of (A) approval of the program of the activities of thesociety (B0 consideration of the Audit Report and the annual report.But society had not issued any directionto convene General Body Meeting in the years 2007-08,2008-09 and 2009-2010
Your working clearly shows that you are not working as per provision of the Act & bye-laws as no inspection/Audit could be conducted by the departmental authorities during the year 2007-08.2008-09 & 2009-10
5. As per provision of bye-laws 36(19) of the society,the Managing Committee is required to arrange for the safe custody of books and appoint one of its member as custodian of the record. The sec49 of the Cooperative Society Act provides that” a Cooperative Society shall maintain a list of such of its employees or members of its committee as having custody of books ,record ,securities and other property of the society in the manner prescribed.
6. That some of the members of the Managing Committee have filed cases in several courts of law against each otherdue to which the normal functioning of the society has almost come to standstill. —–“ the Managing Committee was directed to work in harmony and as per provision of the Act,rule & bye-laws—–“ It is inferred that there are serious conflicts of ideology and interest amongst the committee members—‘’ Annexure
Such is the affairs of the Society that on 18.10.2007 Worthy Registrar,Cooperative Society Mr R C Jowel IAS had written a DO letter Annexure to Deputy Registrar ,Cooperative Society,Gurgaon pointing out certain serious irregularities of the society in the Audit Report 2003-06. But society is yet to rectify it.
On 06.05.2010 Registrar ,Cooperative Society vide Memo no 1/1/2006/credit/6A/5793 dated 06.05.2010 appointed Board Of Administrators comprising
1. Sh Nitin Kumar Yadav IAS Administrator HUDA,Gurgaon
2. Sh Alok Mittal IPS, Joint Commissioner, Gurgaon
3. Sh Naresh Kumar Narwal HCS SDO Civil Gurgaon South
Board of Administrators are in control of affairs of society from 06.05.2010 till now.
Even prior to this ,there was Government appointed Board Of Administrators from 30.11.2004 to till 18.03.2007.
The irregularities committed by the previous Management Committee are administrative/ clerical in nature and NO FINANCIAL SCAM HAS OCCURRED. If serious efforts are made, all the lapses or act of omission & commission can be rectified in a given frame work and stipulated time.
But, unfortunately no attempt has been made by ‘Board of Administrators’ to resolve the issues of on which elected Management Committee was terminated, barring disqualifying four members previous Management Committee from the membership of society or debarred to contest the election.