Friday, December 31, 2010

NEW YEAR 2011

ALL ASSOCIATION MEMBER,

A VERY HAPPY HEALTYH & PROSPERIOUS NEW YEAR 2011.

-Executive Committee,
OEPHWA

Tuesday, December 28, 2010

Case status

Dear Respective Member,

The case filed by our Association was heard by a new bench of Hon'ble Supreme Court of India on 10th Dec.'10. Each parties advocates tried to explain their parts on his way. Our advocate mentioned before the bench that now new issues are being raised despite of Court Commissioners' report. However, the case be heard on non-miscellenious day for final disposal as we are long sufferor.

The Hon'ble Court decided that all IAs (Interrvention Applications) will be dispossed-off on next date of non-miscellenious day so that main case may be decided. Advocates requested that next date be fixed for 3rd or 4th week of Jan. 2011.

Now, on internet the next date of hearing is being shown for 13th April 2011 which is a non-miscellenous day.

Under the present circumstance, we hope for positive out come on next hearing. Your co-operation & support is requested as earlier.

Thanking you,

-MP Pandey,
GENERAL SECRETARY (HONORARY)

Thursday, November 4, 2010

HAPPY DIWALI

BEST WISHES FOR HAPPY DIWALI TO ALL MEMBERS OF ASSOCIATION.

-MP Pandey,
General Secretary (Honorary)

Monday, October 11, 2010

Dear Member,

The case was heard by Hon'ble Supreme Court of India on 4th Oct. 10 i.e. miscellaneous day. Our advocate requested the court that the petitioner members of Association are suffering for last more than 22 years and verious issues are yet to be decided by the Hon'ble Court, however, reasonable time to explain the matter be given. The Hon'ble Court passed the order that the case under reference be placed on non-miscellaneous day in the month of Nov. '10.
We hope, now the case will be hear after Ist week of Nov. 10.

Thanks,

Yours,
-MP Pandey,
General Secretary (Honorary)

Friday, August 20, 2010

Status of case before Hon'ble Supreme Court of India

Dear Member,

This is in reference to AGM dated 01/08/2010 wherein it was clarified that the matter on various issues raised in Court Commissioners' Report are before the Hon'ble Supreme Court of India which will be heard on 16/08/2010.

The case was heard by the Division Bench on the day & directed to M/s. Durga Builders (P) Ltd to file the objections on pending IAs 8 & 9 in four weeks. Now the case will be listed for hearing after six weeks.

The proceeding is going on as per system of law and under the circumstances, we have to wait for final decision in due course.

Thanks,

-MP Pandey,
General Secretary (Honorary)

Friday, August 13, 2010

Request for e-mail.

Dear Sir,
Our various respected members informed that they have not received the letter of Association dated 16-07-2010 mailed to them through courier regarding AGM dated 01-08-10. It also came to our notice that the said letter was delivered to some members, over the date of AGM.
In view of above, we request to all our members to please send your e-mail address so that any important information be send accordingly.

Thanking you,

Yours faithfully,

-MP Pandey,
Gen. Secretary (Hon.)

Monday, July 26, 2010

Dear Member,

Please reach at venue of meeting at 10.00 am sharp instead of 10.30 am as mentioned in letter dated 16-07-2010(already mailed) so that besic formalities i.e. attendance, dues collection, distribution of Gate Passes etc.etc. be completed well in time. We have to vacate the Hall at 1.00 p.m. at all cost.

Your co-operation for Association is requested.

We regret for any inconvenience due to this slight modification.

Thanks,

Yours,

-MP Pandey,
General Secretary (Honorary)

Thursday, July 15, 2010

CORRIGENDUM ABOUT AGM VENUE

Dear Members,

Due to amendment in rules by Hamdard authorities, the allotment of Hall for our proposed AGM has been refused. However, the meeting venue has been changed and now the said AGM will be held at "Shankar lal Murlidhar Auditorium, Sri Ram Centre" (Near Himachal Bhawan), 4. Safdar Hasmi Road, Mandi House, New Delhi- 110001 at 10.30 AM on 01-08-2010 (Sunday). The Agenda Items are remain same. The authorities of Sri Ram Center have refused for distribution of lunch box but the dilogs are going on & no final decision about it so far.

Thanks,

-MP Pandey,
General Secretary (Honorary)

Friday, July 9, 2010

MEETING NOTICE

Website: www.oephwa.blogspot.com
E-mail: okhlaenclave@gmail.com

TELE PHONE Nos. 9868102781, 9818233779, 29815544,986814977, 9868890694

OKHLA ENCLAVE PLOT HODERS’ WELFARE ASSOCIATION(REGD.)
MAILING ADDRESS: C/o 57/III, JAL VIHAR, LAJPT NAGAR, NEW DELHI- 110024

NO. OE/PHWA/F-2/AM/10/14 Dated 09 -07- 2010



Dear Member,

A General Body Meeting will be held on 01-08-2010 (SUNDAY) at 10.30 A.M. in Hall No. 1 of Hamdard Convention Centre, Jamia Hamdard Nagar, New Delhi- 110062 to transact the following items of agenda. Kindly make it convenient to attend the same in time enabling us to transact all items of agenda before 1.00 P.M.

1. Condolence to respected deceased President & Members.
2. Welcome address by the President of the Association
3. General Secretary’s Report
4. Passing of Accounts pertaining to financial year 2009-10
5. Election of the Executive Body
6. Any other item with the permission of the Chair
7. Distribution of sale-deeds to the original members who got registered their plots.
8. Vote of thanks

PAYMENT OF ANNUAL MEMBERSHIP FEE:- The outstanding amount payable by the members has shown in the letter which is being send shortly. Please bring the said letter & pay the dues and obtain receipt from the cashier. After payment of outstanding, please sign the attendance register against your name and get the Gate Pass for entry which may kindly be retained till the end of the meeting and it may be handed over to the persons on the special counter who will give you a box of LIGHT REFRESHMENT. Please write down your new address & T.No., e-mail address clearly, if changed, in Attendance Register. If suppose any outstanding amount shown wrongly in letter, please bring the photo copy of said payment receipt for our updating.
It has already Circulated that the membership w.e.f. 01-03-2009 has revised from Rs. 100/= to Rs. 200/=. Mostly members have to pay Rs. 400/= as subscription of two year i.e. up to 31st March 2011. The Legal expenses Rs. 2000/= have also to pay by all members (if not paid). In addition to said outstanding, the supreme court petitioners have to pay some additional dues on account of sale-deed expenses which is also being mentioned in letter.

NB: 1. The sale-deed will be handed over only to original member i.e. allotment holder.
2. The entry in premises is from Gate No. 6. The Bus Routes are 416,425,440,469,511 & Outer Mudrikas.
Bus Stop: Hamdard Library.

-M.P. PANDEY,
GENERAL SECRETARY (HONORARY)

Thursday, June 10, 2010

NOTICE

Despite of repeated requests on website as well as through letter & telephonic calls(on availability of numbers), the following supreme court petitioner members are not coming forward to execute the sale-deed/conveyance-deed of their plot:

S/Sh./Smt./Ms. MM Nair Plot No. B-246D, Gajender Nath Plot No. F-37B, EM Tigga Plot No. D-47, Dhani Ram Plot No. C-34, Beli Ram Plot No. C-66, Munni Devi Plot No. B-206C, DK Shah Plot No. F-38P, RN Saxena Plot No. C-99, Saroj Sharma Plot No. C-8,, Darshan Sharma Plot No. C-16, Damyanti Sharma Plot No. J-51A.

Under the circumstances, now it is being presumed that presently either they are not interested for execution of sale deeds of plots in their favour through Association or taking up their matter with the colonizer directly at own level.

-MP Pandey,
General Secretary (Honorary)

Friday, May 28, 2010

Dear Members,

As already published in this website as well as in letter dated 15th April 2010 that as per Hon'ble Supreme Court orders' dated 22-02-2010, the case will be heard by a Summer Vacation Bench of Appex Court. Suddently on 17-05-2010 the case was fixed for heaing for 18-05-2010 and on the requests of varous advocates/advocates-on- record, now the case has been postpone/re-scheduled for the month of August 2010 on the grounds that at present the Sr. Advocates are not availabale in city due to summer vacation.

Further the following plot holders are not coming forward for execution of sale-deeds of their plots despite of repeated appeals on websie as well as written/verbal requests.

S/Shri/Ms RL Hans, B-247D, Bahadur Singh Rawat, B-216, Bachan Singh Rana-C106, MM Nair, B-246D, NB Pant, C-65, DK Shaha F-38P, Geeta Mohini, B-248A, Ramesh Garg, B-248B, Beli Ram C-66, Satya Rani Khera, C-68, Dhani Ram, C-84, Tung Nath Dubey, C-86, OM Prakash Kukreti, C-96, RN Sanexna, C-99, EM Tigga, D-47, Shukla Biswas, D-118, Sulochna Rawat- D-56, Gajender Nath F-37B, Matto Devi W/o Lt Sh. Balwant Singh , D-59.
It is very clearly mentioned that Association will be unable to proceed their cases further, if they does not come forward for execution of sale-deeds.

Moreover, it is also added that now the sale-deeds/conveyance-deeds of our supreme court petitioner members have almost completed except above mentioned names. If suppose, any member sale-deed remains for execution, please contact quickly to following Association members:-

S/Shri Sangram Singh Bhandari, President- 9868102781
Ravinder Singh, Auditor - 9868890694
GS Rana, Treasurer-9868148777

Please avail opportunity to avoid any complication.

Thanks,

Yours,

-MP Pandey,
General Secretary (Honorary)
9818233779 (Cell)

Thursday, May 13, 2010

Dear Members

The site verification as well as payments have already been verified by the colonizer in regard to supreme court petitioners for the purpose of sale-deed. Despite of repeated notifications on website & mail by courier/post, various members have not come forward on the issue. However, it is being presumed that such members are taking the action of execution of sale deed at their own.

The High Court petitioners are also requested to deposit their legal expenses of Rs. 2000/- immediately. Please bring the Pay Order/Draft/Cheque for Rs. 2000/- at Sanjay Lake, Opposite- INA Market, New Delhi- 10023 on Saturday (15-05-2010) between 5.00 PM to 7.00 PM. Shri GS Routela, Asstt. Cashier will be available there for the purpose. His Cell No. is 9899360062.

Thanks,

Yours

General Secretary (Honorary)

Saturday, May 8, 2010

Dear Friend,

Again & again we have already informed through this notification as well as mail that the sale deeds of supreme court petitioners are going on. However, to deposit the future legal expenses & stamp paper duty for execution of sale-deeds/conveyance deeds by the Colonizer. As per best knowledge of Assocation various petitioner sale-deeds/conveyance deeds are still pending.

We request to all such members to contact the Association representatives on or before 11th May 2010 othrwise it will presumed that they are taking action in their matter at own level.

Thanking you.

Yours,

-MP Pandey,
General Secretary (Honorary)

Friday, April 30, 2010

Dear Member,

The site location & payment verification has already been confirmed by the Colonizer in regard to following plot holders and now their cases are ready for execution of sale-deeds/conveyance-deeds but neither they have deposited stamp duty charges with the Association nor purchased themself. Number of time request have already been made for the purpose.

S/Sh.Smt. V Subha Lakshmi, Plot No. A-35, Sushil Kumar A-40A, Ranbir Singh Raghav, A-47A, Sushma Devi Pant, A-50 Munni Devi, B-206C, Sandhya Goel, B-245B, Renu Aggarwal, C-6 (Legal expenses also not deposited), Saroj Bala Sharma C-8, Poonam Garg, C-10, Anil Kr. Gupta, C-41, Kunti Devi, J-16A, Balwant Singh Rawat, A-46A, VLN Sarma, C-61, Prakash Triambakm Neel, C-46. Kailash Chand Uniyal,D-59A (Legal expenses has also not deposited), IM Uniyal, D-119, Kamla Devi, D-120, Madan Lal Thakur, D-125B, Ramesh GoelJ-6, Munish Aggarwal, J-8Am Kamlesh Rani, J-10, AC Set, J-10A.

All above plot holders are once again requested that to deposit their stamp duty charges within two days otherwise Association will not proceed their cases in the matter.
This may be treated as Final Notice in the matter.
Dear Association Members,
A detailed letter dated 15th April 2010 has already been despatched to all members about the present status. In said letter, e-mail address of Assaociaiton wrongly mentioned as oephwa@gmail.com instead of okhlaenclave@gmail.com

As we have already requested that the sale-deeds/conveyance-deeds of supreme court petitioners are going on, however, those members who have still not deposited the amount for stamp duty, are requested to deposit it without any further delay.
This may be treated as MOST URGENT.

-MP PANDEY,
GENERAL SECRETARY (HONORARY).

Saturday, April 3, 2010

Dear Member,

Our case will be hear by a Summer Vacation Bench of Hon'ble Supreme Court of India, as per its order on hearing held on 22.02.2010. This has already been brought to the notice of members vide publication on our website.

Reviewing the financial position of Association and ensuing routine hearings of our case by Summer Bench of Hon’ble Appex Court, it has been unanimously decided by Executive Body to demand Rs 2000/- from each member towards legal expenses. This may be paid through crossed cheque/DD in favour of “Okhla Enclave Plot Holders’ Welfare Association, Delhi (Regd.)” at the earliest. Kindly ensure that cheque may not be dishonored, otherwise a penalty of Rs. 500/- will be charged.

As members already know that in compliance of orders of courts, execution of sale deeds in favour of Supreme Court petitioners is going on. A substantial number of members have already deposited their payments along with details there for viz. name, fathers'/husbands' name, present address, cell no., residence (T) no., plot no., size of plot, total paid(deposited)amount(colonizer & govt.). Members may visit website for latest on the matter.

The annual subscription has also been revised from Rs. 100/-p.a. to Rs. 200/- p.a. with effect from 2009-10. Subscription for 2010-11 has also become due. Members are requested to make their aforesaid payments at the following centers after prior fixation of time.

1. Lajpat Nagar ( Jal Vihar) Sh. G S Rana , Cell No. 9868149777
2. Laxmi Bai Nagar (Behind Delhi Haat) Sh. G S Rautela Cell No. 9899360062

The General Body Meeting is due, which will be held after the final decision of Summer Vacation Bench as presently the Executive Body is busy with the sale-deed work. Members are requested to bear with us.

In case of any problem/clarification, the same can be reported to either President on Cell No. 9868102781 or General Secretary on Cell No. 9818233779.


-M P Pandey
General Secretary(Honorary)

Thursday, March 18, 2010

प्रिय साथियों,
सुप्रीम कोर्ट के petitioners की कोर्ट के आदेश से रजिस्ट्री हो रही है, इसके लिए ऐसोसिअशन को तुरंत २०००/= रूपये का चेक "Okhla Enclave Plot Holders' Wefare Association Delhi (Regd.)" के नाम का जमा करने की कृपा करें तथा अन्य खर्चे अपने आप करें, Asssociation पूरी आपकी मदद करने का प्रयास करेगी अन्य जानकारी टेलीफोन से भी ले सकते हैं
आपका,
ऍम पी पांडे
महासचिव

Wednesday, March 3, 2010

Dear Members,
The plot holders have been informed through publication dt 28.02.2010 that a number of IAs have been filed by different groups/associations in our Writ Petition (C) N0. 876/1996 - Okhla Enclave Plot Holders’ Welfare Association v/s Union of India & Ors. In which, Shri H.P. Sharma was appointed as Court Commissioner by Hon’ble Supreme Court of India who has given his report to Hon’ble Supreme Court. Due to our best efforts, the case has come to a decisive stage. We have already incurred considerable expenses for the benefit of all genuine plot holders whether they are our members or not. Other Groups/Associations, instead of cooperating with us, have filed numerous I As, obviously, with an objective to divert the attention of court from main issue and delay the justice. Ample time was given by Court Commissioner to all the groups/associations/individuals. Despite this, some groups/associations have refrained to get their claims verified, and now they filing I As. The need of the hour for all Group/Association/ Forum etc is to cooperate with us and strengthen our hands to achieve main goal, other issues, if genuine, may be taken up later. We have already mentioned in our said publication that the request of our advocate to Supreme Court to hear the case in detail in summer vacation through a Special Court has been agreed to by Hon’ble Supreme Court.
It has also been informed through the said publication dated 28-02-2010 that the suit of Mr. Arun Mehra & Ors. has been dismissed by Hon’ble High Court Delhi. This provides an opportunity to our Supreme Court petitioner members to get sale deed executed in their favour.
To take appropriate action on all the above aspects, a meeting of Executive Body of Association was held on 28-02-2010 and the following decisions were taken in the interest of plot holders:
1. All members of Association have to pay Rs. 2000.00 (Rupees Two thousand only) towards additional legal charges through Cheque/Pay Order in favour of “Okhla Enclave Plot Holders’ Welfare Association, Delhi (Regd.)” on or before 20th April, 2010.
2. The Supreme Court petitioner members who want to execute the sale deed (Registry of plot) in their favour, have to pay Rs. 10,000.00 (Rupees ten thousand only) subject to adjustment later, immediately in favour of “Okhla Enclave Plot Holders’ Welfare Association, Delhi (Regd.)” for purchase of stamp paper & other charges. The name of plot holder and Cell No., Res. No. is be mentioned on the overleaf of both the cheques. A slip of details viz. the name of plot holder, Fathers’/Husbands’ name, full address, Cell No., Res. No., Plot No. & size of plot be also attached with the said cheques. As soon as the cheques are received by the Association, the case will be processed for sale-deed/conveyance deed as per schedule arranged with Sub Registrar which will be communicated in due course. This is being done to facilitate members and save them from difficulties. Please be in touch. However, it is clarified that there is no compulsion to send the payment to Association, plot holders, if any, may arrange their stamp papers and get the sale deed/conveyance deed done of their own.
3. Annual General Body meeting will be held in the last week of March or Ist week of April, 2010 depending on availability of Hall etc. Members will be informed later. Meanwhile, all members are requested to bring the following information in writing in the said meeting & hand over to the person who will mark their attendance:-
1. Full Name (plot holder)____________________________
2. Father’s/Husbands’ name____________________
3. Present Postal Address________________________
4. Cell No.________ , Res. No..________, Office No. _______
5. e-mail address ___________________
6. Any other information (if any)
4. The annual subscription is revised from Rs. 100.00 to Rs. 200.00 per annum w.e.f. 01-04-2009. Current subscription and arrears (if any) will also be collected.
We would like to further clarify that the Supreme Court petitioners have to pay Rs. 12,000.00 each through separate cheques (Rs. 10,000.00 towards stamp duty etc and Rs. 2,000.00 towards addl. Legal charges) whereas the High Court petitioners have to pay only Rs. 2,000.00 towards addl. Legal charges. Please note that any member, whose cheque is dishonored due to any reason, will be debarred from the membership of Association without any further notice.
We expect members to deposit their contribution immediately, so that necessary steps for further action in the matter may be taken.

Thanks
Yours,
-MP Pandey,
General Secretary (Honorary)

Sunday, February 28, 2010

Dear Member,

BEST WISHESES TO YOU & YOUR'S FAMILY FOR COLOURFUL HOLI.

You are aware that Court Commissioner Shri H.P. Sharma has submitted his report to Supreme Court in Writ Petition (C) No. 876/96 Okhla Enclave Plot Holders’ Welfare Association Vs Union of India & Ors. Now the matter is before the Hon’ble Supreme Court for final disposal. Despite our repeated requests to sister Associations, a number of Intervention Applications have been filed by different groups/associations in our said Writ Petition, as a result when the case came up for hearing on 22nd Feb. 2010, number of advocates appeared to divert the attention of Court from main focus. However, our prominent advocate requested Hon’ble Apex Court that the matter be heard by the Special Court in length in routine till its finalization which has been granted by the Hon’ble Court and directed that the same be placed during the summer vacation.

Now we hope that the case will be heard probably in the month of mid May 2010 The order is still awaited.

Meanwhile, the Hon’ble High Court Delhi has dismissed the suit of Mr. Arun Mehra & Ors. Vide order dated 22-02-2010. The sale deeds of our Supreme Court petitioner members were not being executed by Shri R.K. Nanda, MD due to restriction on his functioning, acting or dealing with any moveable or immoveable properties of M/s. Durga Builders (P) Ltd vide order dated 28/02/2009 of Delhi High Court. We intervened in the matter through an IA No. 4490/2009 and due to forceful argument by our advocate; the execution of sale deed of our Supreme Court petitioners is now open for execution.

We are finalizing the procedure for execution of sale deed in favour of Supreme Court petitioners. Please remain in touch with the Association.

We are also finalizing date and venue for an earliest meeting of Annual General Body.

Unity of all is must to achieve the goal. All Groups, Associations, Forums etc. etc. are requested to recall how our unity facilitated speedier justice in favour of 492 Supreme Court petitioners and how our disintegration gave rise to numerous cases in various courts, thus delaying justice to plot holders at large. Even after a considerable lapse of time and resultant sufferings, waste of money if we are not united we will only be defeating our purpose.

Due to our continuing, well directed fight; the present case Writ Petition (C) No. 876/96 Okhla Enclave Plot Holders’ Welfare Association Vs Union of India & Ors. is at a final stage but knowingly problms are being created at this stage. We have fought for all genuine plot holders irrespective of the fact whether they were our members or not and incurred requisite expenses. We are ready to take up genuine cases of our sister Associations on an understanding to be mutually decided for the sake on unity of purpose.

All members of Association are requested to furnish their Cell No., Res. T. No. & e-mail address(if any) for share the urgent information in this crutial time.


Members can also e mail at okhlaenclave@gmail.com

Co-operation of all is requested.


Thanks & Regards
M.P Pandey
Hon General secretary

Friday, January 29, 2010

Dear Plot Holders,
As already published that the annual membership has revised by the Executive Body from Rs. 100/= to Rs. 200/= w.e.f. 01-03-2009. Still various members are furnishing cheque of Rs. 100/- instead of Rs. 200/- We have to close our financial account of current year, in coming March, therefore, it is requested to deposit the current membership urgently. The members who had not paid earlier membership i.e. 2008-09, have to pay Rs. 100/= inaddition to current membership.
Your cooperation is requested.

-M.P. Pandey,

Gen. Secretarry

Wednesday, January 27, 2010

OKHLA ENCLAVE PLOT HOLDERS’ WELFARE ASSOCIATION(REGD.)
C/o 57/III, JALVIHAR, LAJPAT NAGAR, NEW DELHI- 110024



S.S. BHANDARI, M.P. PANDEY
Hony. PRESIDENT GENERAL SECRETARY (HONORARY)
9868102781 (Cell) 9818233779 (Cell)

No. OEPHWA/GS/F-1/10/01 Dated 24-01-2010

Dear Members,

WISH YOU A VERY HAPPY & PROSPEROUS NEW YEAR 2010
ARISE, AWAKE AND STOP NOT TILL THE GOAL IS REACHEDUNITED WE STAND AND DIVIDED WE FALL
You are aware that Association has been fighting to safeguard the interests of plot holders since 1992. From the very beginning our motto has been very clear that the rights of genuine plot holders be safeguarded from every angle. First time we filed a Write Petition No. 876 before the Hon’ble Supreme Court of India in 1996 which was disposed off on 7th April 1997. On its disposal, we had apprehensions that the colonizer might play dual role again with us and expressed the same before the Court. The Apex Court in its order directed that “Parties are at liberty to approach this Court in case of any difficulty for further direction.” Consequently, we approached the Court time to time to seek justice. It confirms the farsightedness of your Association.

The colonizer adopted fraudulent, divide and rule policy every time at every stage, various plot holder groups/associations fell prey to these tricky steps. Such groups have, instead, alleged us for non-cooperation. As and when we faced problems from Colonizer/Govt., on the basis of aforesaid direction, we approached the court. Other groups/associations interfered in our case; resulting in delays. This is the reason our poor genuine plot holders could not construct their houses on the allotted plots. In this context, we would also like to bring to your kind notice that the security amount of Rs. 3 Crore deposited in the year 1992 by the Colonizer with the Govt. of Haryana for carrying out requisite development work in colony has been withdrawn by the Colonizer from the bank with connivance/manipulation with some govt. officials on the pretext of orders of Addl. Metropolitan Magistrate of Patiala House, New Delhi. We immediately approached our counterpart groups/associations to take appropriate action in the matter but nobody came forward, they instead wrongly stated that the said money did not belong to them. My dear fellow plot holders, neither this money is of Govt. nor of Colonizer, but actually this was our hard earned money. In this recovery case, we had to incured about Rs. 1,25,000/-. However, through legal notice and after lot of pressure, we compelled the Govt. to file the case against Colonizer for recovery of Rs. 3Crore, ultimately the case was filed by the Director Town & Country Planning against Colonizer in Delhi High Court. We immediately intervened in the said matter and due to forceful argument of eminent Advocate of this Association, the Delhi High Court ordered the Colonizer to deposit Rs. 3 Crore. back to Govt. The Colonizer, instead, filed an appeal before the Hob’ble Supreme Court which is still pending.

Plot holders are unable to get the possession/NOC etc. to construct their houses despite of allotment order, sale deed in favour of plot holders by order of the Hon’ble Supreme Court, due to mal-intentions of Colonizer/ Govt. In our view, the working of colonizer remained doubtful and scandalous since beginning. As such, we were apprehensive that definitely there is some scam of land title. In this regard, we represented vide letter dated 25/02/1999 to Director Town & Country Planning Haryana (DTCP), Govt of Haryana requesting to enquire the title deeds submitted by colonizer of said land. As a result, Department of T & C Planning requested the Dy. Commissioner Faridabad to verify ownership documents of licensees. After lot of pressure the DC Faridabad sent a report on 09-02-2001 to DTCP stating that some land, which was part for which licence was issued, was not owned by licencees. He was further requested to verify the ownership. DC, Faridabad sent his report dt. 04.08.2003 along with copy of Memo giving licence-wise details of land in question. Meanwhile, through an insertion in Section 351-A in Haryana Municipal Act, 1994 by an amendment of 2001, all powers & functions of Director under Haryana D&R of Urban Areas Act, 1975 and rules framed there under stood entrusted to Commissioner Municipal Corpn of the Area (Faridabad) who sought details from Revenue Deptt. Faridabad regarding these licences, finding discrepancies about land ownership, he wrote to Commissioner & Secretary, Urban Development Deptt., Govt. of Haryana suggesting for appointment of Commission for making an enquiry vide letter dt. 25.07.2003 (all the correspondence is available with Association). Further Sections 351 & 351-A were omitted from Haryana Corporation Act, 1994 by the Govt. on 30.04.2004, thereafter entire records pertaining to licences of said colony were re-transferred to DTCP, Haryana vide OM dt. 16.04.04. Court Commissioner in his Report submitted to Hon’ble Supreme Court on 30.11.09 confirmed the above facts. It shows that your Association sincerely protected the rights of genuine plot holders. It is baffling that order of Hon’ble Supreme Court for issuance of NOC to plot holders were not complied with by Colonizer/Govt. During this period it came to our notice that the Colonizer is scandalously executing/creating third party sale of the already allotted plots without notice. We can’t say what action was being taken by other groups/associations as they had blamed us for non-cooperation. However, we finally decided to approach Hon’ble Supreme Court again.

Our motto is welfare of all genuine plot holders whether they are our members or not. In view of this, we prayed Hon’ble Supreme Court in August, 2008 for a thorough enquiry into the whole matter through a commission to safeguard the rights of plot holders. Hon’ble Apex Court considering the severity of problem agreed to our request and set up a Commission under the Chairmanship of Shri H.P. Sharma vide its order dated 21-10-2008 on the following issues:

1) How much of the land was and is in the ownership of Durga Builders Pvt. Ltd. and its sister companies in Okhla Enclave Colony Phase I & Phase-II Faridabad in respect of which licenses were granted by the respondent authorities.
a) In 1991-1992 when the licences to develo0p the colony were granted;
b) In 1996 when the present writ petitions were filed ; and
c) At present.

2) Identification of allottees entitled to the plot with appropriate details setting out the basis on which their entitlement has been determined.
3) Extent of development works already carried out with appropriate details.
4) Cost involved in carrying out the remaining development works with appropriate details.
5) Furnishing accounts of the money received by the respondent authorities from M/sDurga Builders and its sister companies.
6) Furnishing Account of the amount received by the Durga Builders and sister companies from Plot holders.

It is also brought to your kind notice that Hon’ble Supreme Court ordered us to bear 1/3rd cost of Commission’s expenses. We contacted other groups/associations to share the cost with us in the larger interest of all plot holders to achieve our goal but we received only a meager sum of Rs.48,000.00 as under:
Okhla Enclave Forum Rs. 43,000.00
Jan Kalyan Rs. 5,000.00
We would like to add here that about Rs. 2,25,000.00 expenses were incurred on the enquiry on different heads like Court Commissioner’s fee, transportation, photo copies, telephone, breakfast etc. etc.

Our fight with scamaster Colonizer and erring Govt. officials is at fruition stage. Therefore, at this juncture, we should all be united in all circumstance to achieve our goal. Although, efforts are on by other individuals to file the I.As before the Hon’ble Court in the aforesaid matter, this will only to delay the judgement and distract attention from main subject. We would like to appeal to all other Groups/Associations/Forums to be re-united for a forceful fight to achieve our target i.e. possession of long awaited plots with NOC to construct houses on them. Please remember Unity is Strength. All of you are aware that due to efforts of our Association, the case has come at final stage. If, due to slightest error on any Association’s part, we are not able to take the benefit of the present status of case, our members at large and our posterity will never excuse us. Need of the hour is unity among us. Let us have one voice, engage only one advocate who may argue in one voice against the Colonizer/ Govt.. in favour of plot holders. This suggestions to other Members/Associations is offered in the interest of all plot holders.

All members are curious to know the Court Commissioner’s Report. It’s not wise to burden you with unnecessary matter. We are enclosing important points/lines of the report separately for each point of reference to the Court Commission by the Hon’ble Court.

We would like to inform you that some of our members are pressing hard to open the membership for the plot holders who are still not member of any Association. The issue was discussed before the Executive Body in its meeting dated 17/01/2010 and it is decided that

i) Membership may be opened only for those members who are not member of any Association or have resigned from their Association.
ii) Such member has to abide by all the rules & regulations of this Association.
iii) Such member has to pay Rs. 3500.00 (Rs. 200.00 as Membership Fee, Rs. 300.00 as Admission Fee and Rs. 3000.00 as Legal Charges) to this Association.


The Membership Form is also attached herewith as Annexure-A.

The Executive Body in said meeting has resolved to increase the membership fee of old members with immediate effect. The old members has to deposit the membership of Current financial year @ Rs. 200.00. However, the members who have paid the membership fee of Rs. 100/= for the current year are required to deposit another Rs. 100.00 immediately.

We pay homage to our Ex-President late Sh. J S Malhotra who associated with us for a long time in this crucial battle. We thank to all our Office Bearers and Executive members for valuable support. We also thank the members for cooperation and advice if any.

At present we are busy in coordinating with Courts in connection with various cases pending in them. The Annual General Body Meeting of the Association, though due, will be called in future at a suitable time.

Our High Court Members who presented himself before the Court Commissioner & our Supreme Court petitioners who are still our member have been declared for entitlement of plots by the Court Commissioner. The annexure on the subject is still awaited. Next date of hearing is fixed for 22nd Feb. 10.

Your co-operation is our strength.

With regards,
Yours
-MP PANDEY,
GENERAL SECRETARY(HONORARY).












ANNEXURE "A"


OKHLA ENCLAVE PLOT HOLDERS’ WELFARE ASSOCIATION
C/o 57/III, JALVIHAR, LAJPAT NAGAR, NEW DELHI- 110024



APPLICATION FORM FORM FOR NEW MEMBERSHIP


1. NAME _______________________________

2. FATHERS’S HUSBAND’S NAME _______________

3. PERMANENT ADDRESS ___________________________
_______________________________________________

PIN ____________
4 CELL NO.________________ RES. NO.______________

5. PLOTS’ DETAIL:
a) Size_____s.y. b)Date of Booking ____c) Rate of booking____per s.y. d)Total Payment ________ i) cost of land____ii) development charges ____ iii) any other payment____ e) Alotted plot No.___
(with full detail viz. phase, block etc.)
6. Any other information____________________________________

I hereby declare
i) that till date I am not member of any Association or resigned from other Association.
ii) that I will abide all the rule & regulations of OEPHWA(Regd.) as a member.
iii) that I have not compelled anybody for membership.


Dated___________ Signature______________

MAIN POINTS/LINES OF COURT COMMISSIONERS’ REPORT

“REPORT

In the matter of
OKHLA ENCLAVE PLOT LHOLDERS’ ASSOCIATION
Vs
UNION OF INDIA & Otrs
WRIT PETITION (CIVIL) No. 876 of 1996

1. The Hon’ble Supreme Court vide its order dated 21-10-2008, appointing me as a Court Commissioner, wanted me to examine and submit a report on vaiours aspects – one being:-

3(i) How much of the land was and is in the ownership of Durga Builders Pvt. Ltd. And its sister companies in Okhla Enclave Colony Phase I & Phase-II Faridabad in respect of which licenses were granted by the respondent authorities.
a) In 1991-1992 when the licences to develo0p the colony were granted;
b) In 1996 when the present writ petitions were filed ; and
c) At present

10. On a representation dated 25.2.1999 by the petitioners – Okhla Enclave Plot Holders Welfare Association Delhi, sent to the Director, Town & Country planning Haryana regarding enquiry into the title deeds submitted by M/s. Durga Builders and assocate companies at the time of grant of licence, the Department of Town & Country Planning requested DC Faridabad sent a report dated 9.2.2001 which spoke of the licences not owing some lands which were a part of the land for which town & Country Planning had granted the aforesaid seven licences. ……….Commissioner, Municipal Corporation sought details from the Revenue Department Faridabad regarding these licences, and finding discrepancies about land ownership, he wrote to Commissioner & Secretary, Urban Development Department, Govt. of Haryana suggesting for the appointment of a commission for making an enquiry vide letter dt. 27.7.2003.

12 ……D.C. Faridabad deputed Addl. D.C. Faridabad for conducting this inquiry who gave the latest report dt. 16.2.2009 (Annexure-A-1) vide which Durga Builders Pvt. Ltd. And its associate were not found owner of land measuring 83 K and 14 M in licence No. 1 of 1991 and 14 K 11 M in licence No. 66 of 1992….

16 A lot of correspondence ws exchanged …… Office bearers of the petitioner Association were also joined in this inquiry. Association’s President late Mr. J.S. Malhotra and General Secretary Mr. M.P. Pandey with some Association Member did contribute a lot in this inquiry. Sadly, Association President Mr. J.S. Malhotra is no more now having left for his heavenly abode.

18. On checking the details of deficient land ..….this land was not under the ownership of the licensee. This is a major and shocking aspect and points to utter negligence on the part of Licencing Authority/Department of Town & Country Planning Haryana Govt. of Haryana. Mr. R.K. Nanda representing as M.D. of M/s. Durga Builders Pvt. Ltd. And associate companies was present during the discussion and inquiry who simply stated that he owned the land in question i.e. 14 K 9 M on the date of issuance of the licence and…..

23. By now it remains unexplained as to how the Town & Country Development Department processed and awarded licence no. 1 when records till date failed to establish that M/s Durga Builders Pvt. Ltd. Owned all the lands falling under licence No. 1 – to be specific - land measuring 14 K 9 M.

24. It is something very disturbing to see as to how the authorities granted a licence without proper verification and scrutiny of the land records as required under Sec. 3(2) of Haryana Development & Regulation of Urban Areas Act 1975. Mr. R.K. Nanda tried to explain that ….
26. This indicates that even now despite this long legal tussle revenue records in the office of D.C. Faridabad – still fail to confirm the above land as being owned by the licensees.

28. ……we see that land measuring 14 K 9 M was not in the ownership of the licences at the time these licencees were issued to them. …….now for the deficient lands, is a proof of the licensce’s ownership- that licences did not own land measuring 14 K 9 M.

29. Conflicting datas coming from the Town Planners’ office Chandigarh & DC Revenue Office Faridabad – further indicate that there is no coordination between these two important functionaries even on crucial subject affecting the fate of thousands of innocent plot buyers.

31. Non-observation of simple procedural aspects by both – Town Planners Deptt. Haryana & D.C. Revenue Office, Faridabad is an act of grave negligence and unwarranted official functioning – result of which is before us – really very pathetic & painful.

32. ……….. it subsequently and tried to remove the defect under some pressure under any circumstances – it hints to a serious defect in the working of the Town & Country Plananers Deptt. Haryana Govt.

3(ii) Identification of allottees entitled to the plot with appropriate details setting out the basis on which their entitlement has been determined.

49. Office bearers of various Plot Holders, Association including the petitioners’ Association wanted that claims/cases of their members- who were already on the list of petitioners in the present writ, or, whose names figured in the list under consideration by ……………..”allottees other than members of the “Petitioners Association/s”. Another important factor that weighted in my mind was that entitlement was to be determined as on date – when the order was passed as there were possibilities that many of the plot holders, association members or individuals, might have sold/transferred their right in favour of third parties – which fact – was very commonly seen by me during the identification process carried out during this enquiry.

50 I may mention that some of the lists submitted by plot holders Association – and, accepted/admitted by the builder, created problems when during a second manual checking by me, it was noticed (and also so admitted by the petitioner Association General Secretary Mr. M.P. Pandey ) that nearly 21 members (may be more as he said) had sold their plots to third persons, but, he was not very sure except in two cases. It be mentioned here that claims of members appearing in lists Annexure B-1 to B-4 – were admitted by the authorized representative of Durga Builders & Associate Cos.. Mr. Pandey was also not ready to endorse that lists of members submitted by him (Annexure B-1) to B-4) were giving a correct factual position or not. Mr. Pandey was asked to furnish phone numbers and addresses of the above said 21 members and others whom he was suspecting of their transferred to their plots/rights to third parties. Mr. Pandey was helpless here and stated that several of the Association members are now out of touch – having shifted to known places. He was told that it would be his responsibility now to see that some rightful claimant is not pushed in the category of a 2nd sale aspect be cause of his failure to highlight the names of members who have now transferred their title to a third party.

51. Another submission from the office bearers of the petitioner Association (Okhla Enclave Plot Holders’ Association) was that individual clai8mants should not be kkept at par with Association members and their cases be placed in a category where claims should be allowed only after the association members get their land/plots and, their turn should come only from the left out plot areas – after First satisfying the claims of members of contesting Associations. This pleas was based on ground that individual members are sitting comfortably in their homes, have not seen and faced the rigour of litigation and so, must not be considered at par with them. This submission was rejected outrighly as it carried no justification particularly when their legal right stand live.

52. For identifying the allottees entitled to a plot, their title deeds like booking receipts, allotment letters, sale Agreements and sale deeds were looked into as were produced b the claimants. Each applicant was also required to submit a notarized affidavit stating his booking/allotment/sale deed details, the amounts paid to the builder and the size of the plot. In cases where the applicant was a 2nd, 3rd or 4th buyer in sequence – all documents/title deeds leading to the final transaction – were checked and it was only thereafter that entitlement was Okayed. For claims of each applicant or group – the Builder who was represented by his authorized Agent Mr. Sanjay Tyagi (see Authorization letter Annexure B-5) – was also confronted and his confirmation was also recorded and got endorsed.

53. All accepted claims are determined and finalized as per the above basis. Several cases were detected where booking/allotment/sale agreements/sale deed had been made by the builder in one name initially, but subsequently, the same plot was sold to another person through a fresh sale agreement or conveyance deed under the grab of an order dt. 23.11.2000 passed by the Hon’ble Supreme Court. This order, obviously, does not permit the builder to adopt his own free choice to resale of an already sold plot. All such applicants who were holding title deeds of such sales – have been notified in the entitlement list of ’2nd Sale’. Most Sale Agreements/Sale-Deeds of such claimants were executed from 2000 onwards till 2008-09.

54. I have neither accepted nor rejected their claims to the plots - because – my view on their entitlement is negative as at best, such applicant will have a right against the builder for a recovery/refund of their amounts paid to the builder. I further feel that the buyers under 2nd Sale category – having purchased these plots during a period- when this builder/Durga Builders and Associate Companies were in the grip of a stormy litigation – were well aware of the risk and seems to have gambled – fully knowing that the outcome could be a total loss or ‘if very lucky’ – then a fortune for them. The purchase price of such plots also is too low – if compared to the rates – normally prevalent in the area – during and around the purchase period. Since I am directed by the Hon’ble Court to decide – ‘Entitlement’ – I feel I shall not be exceeding my limits – in saying and holding, that, applicants falling in the 2nd Sale Category have no right at all to be considered in the current writ proceedings.

64. ……….An agreement dated 19.5.997 (is a part of Annexure B9) was mainly referred to by Mr. Arun Mehra to ultimately show that Nanda’s have transferred their entire share holding in his and his wife’s favour.

65. It remains a fact admitted by both sides that a lot of litigation has been going on between these two sides. Several documents were shown including plaints and written statement by both ….Hon’ble Delhi High Court at New Delhi seeking permanent injunction against Mr. R.K. Nanda and others asking them to be restrained from conducting any transaction or business in respect of Durga Builders Ltd. An interim order stands against Durga Builders restraining them from functioning acting or dealing with any movable or immovable properties of Durga Builders Pvt. Ltd. The basis for this suit required that Nandas had agreed to transfer 100% shareholding in M/s. Durga Builders Pvt. Ltd. Vide agreement dated 19.05.1997. ………….

66. Whatever transected between these two groups – it was clear that both have serious legal disputes pending in various Courts and these cannot be allowed to make them play this bull fight here to anyway damage the interest of a big number of genuine plot holders. To my mind – I feel that this legal battle between these two giants can be decided by regular competent Courts and not under this enquiry. ….. My finding thus comes – as rejected.

66(1) I deem it necessary to give details of the number of applications received from individuals or in group through Plot Holders’ Associations, which are as under:

Number of applications received from individuals & associations 5821
No. of applications accepted 2196
No. of applications covered under 2nd Sale 283
No. of applications Absent/Rejected/Duplicates 3342


3(iii) EXTENT OF DEVELOPMENT WORKS ALREADY CARRIED OUT WITH APPROPRIATE DETAILS.
67 Two types of development works have been mentioned …..internal development works(IDW) and external development works (EDW).

68. IDW ….responsibility of the colonizer, EDW are executed through HUDA.

70. As per information submitted ob behalf of Durga Builders and Associate Companies – no details were submitted regarding execution of internal development works except stating that an expenditure of Rs. 21.93 crores was incurred by the company on internal development works on both the phases of the Colony.
71. …..An inspection was carried out in the two phases in the presence of Distt. Town Planner Chandigarh, Ms. Gurmeet kaur, representing the Director Town & Country Planning Haryan , Area Tehsildar and some of the office bearer of Plot- holder Association. A team including engineers and architects was also involved with direction to visit the two phases and to examine the extent of internal development works carried out at the site, their present status and the extent of further development works needed for doing full internal development to the entire colony covering phase I & II both.

75. Nearly 50% of the site in Phase-II was reported having illegal construction with many portion ….. No water supply line was otherwise reported to have been laid in Phase-II.

80. The roads are in a very poor condition with…….


89. As per Ms. Gurmeet Kaur’s affidavit the department has incurred Rs. 1.50 Cr. On Horticulture & Electrical works Rs, 80.00 lacs on civil works and an amount of Rs. 3.62 Cr. Is already in the pipe line for being spent on EDW for this colony.

91. The cost of EDW as per the department comes to Rs. 160 per sq. yard and thus the total cost of IDW & EDW as per the department would comes to Rs. 626.53+ Rs. 160 making it Rs. 786 per sq. yard as per the current rates which may escalate over a period to time.

97. ………A substantial part of the land in Phase-II and some part in Phase-I were found having been encroached and ………..

98(1) It be not overlooked that Govt. Department has itself remained a major factor for delayed EDW.

99. The current estimated cost of Internal & External development should come to nearly Rs. 40,05,24,363/= for Phase-I & 39,97,51,300/= for Phase-II as per prevailing general market Rates.


3(v) FURNISHING ACCOUNT OF THE MONEY RECEIVED BY THE RESPONDENT AUTHORITIES FROM DURGA BUILDERS AND SISTER COMPANIES:

100. Durga Builders & Associates Companies did not produce any record except letter dt. 13.3.09.. .. … it has been stated that an amount of Rs. 22.05 Cr. has been paid to the Director Town & Country Planning Chandigarh ….

102 As against the above, the office of Director & Country Planning has submitted the details of the deposits made by Durga Builders …….Rs. 18,27,38537/-

103 This figures of Total amount of Rs. 18,27,38,5371 was subsequently corrected by Town Planners Department vide their letter dt. 6.11.09 (Annexure C-2) as Rs. 19.67 crores including Rs. 1.75 crore received from the petitioners.

103 (i) There has been a shocking development when we see that the licencees have withdrawn the bank guarantee (Nearly Rs. 3.25 Crore). This indicates to the intention of the builder not being positive and healthy. The builder/licencees has to amend this ill act with any further delay.

3(vi) FURNISHING ACCOUNT OF THE AMOUNT RECEIVED BY DURGA BUILDERS AND SISTER COMPANIES FROM PLOT HOLDERS.

105 As to what amount had been received by Durga Builders and sister companies is a question ……… Records of Builder company were not produced as these were said to be under Court Custody and lock and seal of the Hon’ble High Court. No further details were provided, however if we go with the written reply from Durga Builders, then this amount stands at Rs. 46.68 crores.

106. The amount paid by the plot holders whose cases are verified and accepted or are covered under 2nd Sale in this enquiry –comes to Rs. 28.64 crores approximately. Amounts of Rejected claims are not included.

107 Giving information on this point the builder has given stories of refunds or expenses which do not seem carrying any relevance here.

109. A list containing names of applicants covered in the entitlement list excepting number of multiple applicants is annexed at the end of this report.
Sd/-
(H.P. SHARMA)
COURT COMMISSIONER”.

Monday, January 18, 2010

court comossioner report

Dear Members
we will get the report very shortly and provide you at earliest.

Rgds
M.P pandey