A VERY HAPPY NEW YEAR TO ALL THE MEMBERS OF OKHLA ENCLAVE PLOT HOLDERS' WELFARE ASSOCIATION DELHI (REGD.)
From Executive Body:-
-GS BHANDARI, PRESIDENT
-RAVINDER SING, VICE-PRESIDENT
-MP PANDEY, GENERAL SECRETARY
-GS RANA, TREASURER
-GS ROUTELA, ASSTT. TREASURER
-MOHINDER SINGH, AUDITOR
-BS SHARMA, EXECUTIVE MEMBER
-VIJAY BHUSHAN, -DO-
-GS SOLANKI, -DO-
-RK TRIVEDI, -DO-
-BM SHARMA -DO-
Saturday, December 31, 2011
Saturday, December 10, 2011
No. OEPHWA/ Dated : 08-12-2011
MINUTES OF ANNUAL GENERAL MEETING DATED 04-12-2011
Annual General Meeting of Association was held on 04-12-20011 (Sunday) at 10.30 AM at Hindi Bhawan, Deen Dayal Upadhya Marg, ITO, New Delhi-110002 under the Chairmanship of Shri S S Bhandari, President, in pursuance of Agenda Items of Circular dated 15/11/2011.
The President welcomed the members and appreciated them for their all out co-operation and patience. He enumerated the reasons in AGM for seeking their timely co-operation. The main and crucial problem is that of financial incapacity to deal with the present case, lying before the Hon’ble Supreme Court of India, effectively. He urged members to strengthen the Association financially to be able to work for speedy and effective hearing.
He informed that the Director General Town & Country Planning, Deptt. of Urban Development, Govt. of Haryana has authorized to District Town & Country Planning Faridabad to pass the building plans of plot holders cleared by Hon’ble Supreme Court of India. He also informed members that Govt. of Haryana also envisages self-certification to avoid cumbersome pre-approval of building plans. In view of this, he along with other members enquired from Superintending Engineer, Govt. of Haryana, Faridabad the status of developmental work in the colony in pursuance of our RTI query. Superintending Engineer, in reply to our RTI query, gave us copy of their reply; this reply does not have any mention of any develop work in Sector 91 (Okhla Enclave) Faridabad. Members urged the Association to file an appeal against the deficient reply by Superintending Engineer. Shri Bhandari stressed to press for development of colony (IDC & EDC)/provision of basic amenities prior to passing of building plans. Though all the plot holders have fully paid development charges, legally as decided by Hon’ble Supreme Court of India, and keeping in view of the urgency of development work, members suffering for decades may be inclined to contribute a bearable minimum towards it.
The President also requested members to approve the extension of present Executive body by one more year to save time for attending to Court case related matters which the General Body unanimously accepted.
The President asked General Secretary, Shri M.P. Pandey to place a detailed report of Associations’ activities which has been carried out or are being carried out. The General Secretary re-informed that the Commissioner, MCF brought all deficiencies in respect of land etc. in Okhla Enclave in the notice of the Commissioner & Secretary of Urban Development, Govt. of Haryana vide his letter dated 25-07-2003 which was placed before the Hon’ble Appex Court by our Association and the Hon’ble Supreme Court appointed a Court Commissioner to examine and submit report on each term of reference, as under, in Oct. 2008.
i) Status of land at the time of granting the licenses to builder and at present.
ii) Identification of the allottees entitled to the plot with appropriate details of the basis on which their entitlement has been determined.
iii) Extent of Development works already carried out with appropriate details.
Cost involved in carrying out the remaining development works with details
iv) Accounts of the money received by the Durga Builders & its sister concern
v) Accounts of the amount received by the Colonizer from the plot Holders identify the actual plot holder
General Secretary added that lot of efforts were made to clarify the factual position of actual plot holders before the Court Commissioner and all our members have been identified by the Court Commissioner for allotment. The Court Commissioner had clearly mentioned in his report that the maximum plots have been sold by the colonizer and thus created 3rd Party. It has been clearly mentioned in the report that “Several cases were detected where booking/allotment/sale agreement/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 garb of an order dated 23-11-2000 passed by the Hon’be Supreme Court of India. This order, obviously, does not pertain to the builder to adopt his own free choice to a resale of an already sold plot.“ …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 proceeding.”
General Secretary stated that the report of Court Commissioner on above points is pending before the Hon’ble court for acceptance/final discussion but due to lot of IAs filed by Durga Builders’ Association as well as other group of members, the report could not be discussed. He stated that the IAs are not only baseless but a deliberate attempt to delay hearing on Court Commissioners’ report. Order sheets of Court were also read out by the General Secretary in which it was clearly mentioned that the IAs will be disposed finally on next date i.e……. but till date no action is taken in matter despite of our Early Hearing Application. Now the next date is fixed for 12th Jan. 2012. On this issue various members raised the question that why our Advocate has not objected to such IAs. If, it is not possible for him, he may be replaced. Gen. Secretary mentioned that the issue has already been discussed in Executive Body meeting and it can be decided subject to availability of adequate funds. He also added that our advocates are intelligent and their integrity is beyond doubt. Still it is not clear whether our case will come on board for hearing on 12th Jan., 2012 and in that case, we may have to pay heavy fee to new advocate which will be only wastage of money.
The replacement to present advocate will be selected based on various parameters, mere replacement may be futile. For this our sound financial status is a must, as an initial step a proposal of collecting Rs. 10,000 from each member on account of legal charges/expenses for engaging suitable senior advocate was placed before the AGM which was unanimously approved. The Ist installment of Rs. 5000.00 is required to be deposited on 18th or 25th December 2011 at Sanjay Park ( Laxmi Bai Nagar) between 2.00 PM to 4.00 PM through Draft or Pay-Order in favour of “Okhla Enclave Plot Holders’ Welfare Association, Delhi (Regd.)” and another installment will be taken in future, if required. Those members who fail to deposit the demanded amount will be deemed not interested in the membership of Association and thus will cease to be members, thereby lose their right to benefits from this Association.
It has also been brought to the notice of AGM that a case of Senior Citizens was prepared by another advocate but it also could not be filed as the main case did not came on board for hearing. However, the said matter is still pending and would be placed before the bench at appropriate time. He further requested the members that in case of death of original booking holder, his “Death Certificate” have to be sent to Association so that the same may be placed before the Court on next date.
General Secretary informed that the building plans of Supreme Court petitioners are being cleared by the District Town Planer and he personally met him on the issue. The copies of Demarcation plan and Zoning Plans have also been made available to Association. Many members raised queries why the Association is not taking initiative to pass the building plans. The General Secretary clarified that in view of experience of difficulties faced about Registry of plots, the Executive Body decided that the work of building plan should be taken up by the individual plot holder but there was a thumping demand from the members that it should be done by the Association. However, the President assured to the members that the matter will be discussed in Executive Body. Necessary efforts will be made only in case most plot holders are willing to make available all the documents with adequate funds to enable Association to engage persons of high integrity for the purpose.
All members appreciated the efforts of Association in respect of registry of plots of Supreme Court petitioners on nominal expenses and without any unnecessary physical exercise of the people.
Executive Member S/Sh. BS Sharma & RK Trivedi also addressed the members and stressed for proactive advocates for the purpose of speedy hearing. They emphasized the members to remain collectively in respective of ongoing case.
There was complaint from various members that the letters are not being received by them. General Secretary pointed out that he has received lot of letters back sent through courier due to various reasons. He requested to members to correct their address, telephone/mobile numbers, e-mail address in Attendance Register. He also requested to members to create e-mail address for quick & immediate information about the matter. He brought to the notice of AGM that all important information are being uploaded on the Association’s site : http:// www.oephwa.blogspot.com.
Accounts of Association for 2010-11 were placed before General Body. The accounts were passed by General Body unanimously. Queries of members were also replied in respect of present status of case.
On conclusion of meeting, the President thanked the members, Executive body, Hindi Bhawan for co-operation. He requested all members to continue to extend their co-operation to the Association to enable it to serve them.
-M.P. Pandey
General Secretary(Honorary)
Cell No. 9818233779
MINUTES OF ANNUAL GENERAL MEETING DATED 04-12-2011
Annual General Meeting of Association was held on 04-12-20011 (Sunday) at 10.30 AM at Hindi Bhawan, Deen Dayal Upadhya Marg, ITO, New Delhi-110002 under the Chairmanship of Shri S S Bhandari, President, in pursuance of Agenda Items of Circular dated 15/11/2011.
The President welcomed the members and appreciated them for their all out co-operation and patience. He enumerated the reasons in AGM for seeking their timely co-operation. The main and crucial problem is that of financial incapacity to deal with the present case, lying before the Hon’ble Supreme Court of India, effectively. He urged members to strengthen the Association financially to be able to work for speedy and effective hearing.
He informed that the Director General Town & Country Planning, Deptt. of Urban Development, Govt. of Haryana has authorized to District Town & Country Planning Faridabad to pass the building plans of plot holders cleared by Hon’ble Supreme Court of India. He also informed members that Govt. of Haryana also envisages self-certification to avoid cumbersome pre-approval of building plans. In view of this, he along with other members enquired from Superintending Engineer, Govt. of Haryana, Faridabad the status of developmental work in the colony in pursuance of our RTI query. Superintending Engineer, in reply to our RTI query, gave us copy of their reply; this reply does not have any mention of any develop work in Sector 91 (Okhla Enclave) Faridabad. Members urged the Association to file an appeal against the deficient reply by Superintending Engineer. Shri Bhandari stressed to press for development of colony (IDC & EDC)/provision of basic amenities prior to passing of building plans. Though all the plot holders have fully paid development charges, legally as decided by Hon’ble Supreme Court of India, and keeping in view of the urgency of development work, members suffering for decades may be inclined to contribute a bearable minimum towards it.
The President also requested members to approve the extension of present Executive body by one more year to save time for attending to Court case related matters which the General Body unanimously accepted.
The President asked General Secretary, Shri M.P. Pandey to place a detailed report of Associations’ activities which has been carried out or are being carried out. The General Secretary re-informed that the Commissioner, MCF brought all deficiencies in respect of land etc. in Okhla Enclave in the notice of the Commissioner & Secretary of Urban Development, Govt. of Haryana vide his letter dated 25-07-2003 which was placed before the Hon’ble Appex Court by our Association and the Hon’ble Supreme Court appointed a Court Commissioner to examine and submit report on each term of reference, as under, in Oct. 2008.
i) Status of land at the time of granting the licenses to builder and at present.
ii) Identification of the allottees entitled to the plot with appropriate details of the basis on which their entitlement has been determined.
iii) Extent of Development works already carried out with appropriate details.
Cost involved in carrying out the remaining development works with details
iv) Accounts of the money received by the Durga Builders & its sister concern
v) Accounts of the amount received by the Colonizer from the plot Holders identify the actual plot holder
General Secretary added that lot of efforts were made to clarify the factual position of actual plot holders before the Court Commissioner and all our members have been identified by the Court Commissioner for allotment. The Court Commissioner had clearly mentioned in his report that the maximum plots have been sold by the colonizer and thus created 3rd Party. It has been clearly mentioned in the report that “Several cases were detected where booking/allotment/sale agreement/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 garb of an order dated 23-11-2000 passed by the Hon’be Supreme Court of India. This order, obviously, does not pertain to the builder to adopt his own free choice to a resale of an already sold plot.“ …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 proceeding.”
General Secretary stated that the report of Court Commissioner on above points is pending before the Hon’ble court for acceptance/final discussion but due to lot of IAs filed by Durga Builders’ Association as well as other group of members, the report could not be discussed. He stated that the IAs are not only baseless but a deliberate attempt to delay hearing on Court Commissioners’ report. Order sheets of Court were also read out by the General Secretary in which it was clearly mentioned that the IAs will be disposed finally on next date i.e……. but till date no action is taken in matter despite of our Early Hearing Application. Now the next date is fixed for 12th Jan. 2012. On this issue various members raised the question that why our Advocate has not objected to such IAs. If, it is not possible for him, he may be replaced. Gen. Secretary mentioned that the issue has already been discussed in Executive Body meeting and it can be decided subject to availability of adequate funds. He also added that our advocates are intelligent and their integrity is beyond doubt. Still it is not clear whether our case will come on board for hearing on 12th Jan., 2012 and in that case, we may have to pay heavy fee to new advocate which will be only wastage of money.
The replacement to present advocate will be selected based on various parameters, mere replacement may be futile. For this our sound financial status is a must, as an initial step a proposal of collecting Rs. 10,000 from each member on account of legal charges/expenses for engaging suitable senior advocate was placed before the AGM which was unanimously approved. The Ist installment of Rs. 5000.00 is required to be deposited on 18th or 25th December 2011 at Sanjay Park ( Laxmi Bai Nagar) between 2.00 PM to 4.00 PM through Draft or Pay-Order in favour of “Okhla Enclave Plot Holders’ Welfare Association, Delhi (Regd.)” and another installment will be taken in future, if required. Those members who fail to deposit the demanded amount will be deemed not interested in the membership of Association and thus will cease to be members, thereby lose their right to benefits from this Association.
It has also been brought to the notice of AGM that a case of Senior Citizens was prepared by another advocate but it also could not be filed as the main case did not came on board for hearing. However, the said matter is still pending and would be placed before the bench at appropriate time. He further requested the members that in case of death of original booking holder, his “Death Certificate” have to be sent to Association so that the same may be placed before the Court on next date.
General Secretary informed that the building plans of Supreme Court petitioners are being cleared by the District Town Planer and he personally met him on the issue. The copies of Demarcation plan and Zoning Plans have also been made available to Association. Many members raised queries why the Association is not taking initiative to pass the building plans. The General Secretary clarified that in view of experience of difficulties faced about Registry of plots, the Executive Body decided that the work of building plan should be taken up by the individual plot holder but there was a thumping demand from the members that it should be done by the Association. However, the President assured to the members that the matter will be discussed in Executive Body. Necessary efforts will be made only in case most plot holders are willing to make available all the documents with adequate funds to enable Association to engage persons of high integrity for the purpose.
All members appreciated the efforts of Association in respect of registry of plots of Supreme Court petitioners on nominal expenses and without any unnecessary physical exercise of the people.
Executive Member S/Sh. BS Sharma & RK Trivedi also addressed the members and stressed for proactive advocates for the purpose of speedy hearing. They emphasized the members to remain collectively in respective of ongoing case.
There was complaint from various members that the letters are not being received by them. General Secretary pointed out that he has received lot of letters back sent through courier due to various reasons. He requested to members to correct their address, telephone/mobile numbers, e-mail address in Attendance Register. He also requested to members to create e-mail address for quick & immediate information about the matter. He brought to the notice of AGM that all important information are being uploaded on the Association’s site : http:// www.oephwa.blogspot.com.
Accounts of Association for 2010-11 were placed before General Body. The accounts were passed by General Body unanimously. Queries of members were also replied in respect of present status of case.
On conclusion of meeting, the President thanked the members, Executive body, Hindi Bhawan for co-operation. He requested all members to continue to extend their co-operation to the Association to enable it to serve them.
-M.P. Pandey
General Secretary(Honorary)
Cell No. 9818233779
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