Minutes of the Genereal Body Meeting of Okhla Enclave Plot Holders Welfare Association held on 11.03.2018 at 11.A.M. onwards in N. D. Tiwari Bhawan, 219,Deen Dayal Upadhyaya Marg, near ITO, New Delhi.
General Body meeting of the Association was held under the Chairmanship of Shri. S.S. Bandari, President as per agenda items already circulated to all the members. Item-wise proceedings were held as uner:-
1. Welcome by the President.
The President, Shri SS Bhandari welcomed all the members of Association present in meeting and appreciated their patience and support in past. He also stated that the support of each and every member is necessary in future as well so as to achieve the goal of the Association. The President requested all the participants to maintain the decorum and peace in the meeting for having fruitful discussions. He assured that all the doubts and queries of the members will be clarified by us. It was informed an uncalled for situation has been created by the so-called Builder after the death of Shri R.K. Nanda, Managing Director of Durga Builder Pvt. Ltd with sole motive to linger on the dispute case and the same is being contested by the Association forcefully before the Learned Arbitrator.
2. Views / Queries of Membeers.
Various members expressed their concern about the delay in process of case for the last about 32 years. The members also pointed out that the Terms of Reference has not been decided by the Learned Arbitrator despite having 18 hearings in the case. It was also stated that the Terms of Reference should have been finalised/ decided first as per Hon’ble Supreme Court Order dated 27-01-2016.
S/Sh. Mohinder Singh and OP Gupta wanted to know as to who is present builder and whether Shri Mehra has been established/ recognized as builder by the Hon’ble Supreme Court as well as Ld. Arbitrator in place of M/s. Durga Builder Pvt. Ltd. ? The members expressed their great concern about the illegal entry and appearance of the so-called builder headed by Mr. Mehra during the proceedings before the Ld. Arbitrator at this stage. The members were of the view that since all payments were made to Late Shri RK Nanda by the genuine claimants and as per order of Hon’ble Supreme Court sale-deeds of about 492 persons were executed in their favour in 2003 and 2010 by him. Even thereafter, Shri Nanda appeared before the Hon’ble Supreme Court at all times during the hearings and the so-called builder never objected/ raised any query about his powers/ holding in Durga Builder Pvt. Ltd.
S/Sh. RC Kashyap, MM Vareshney,Harveer Singh along with other members also raised issues viz membership, legal charges and the terms & reference before the Arbitrator. Shri Chug, Supreme Court allottee also pointed out that despite timely submission of papers as well as verification of documents in STP Office by him, his name has not been show in the lists finalised/ verified by the Committee.
After raising concern by the members of the Association, as aforesaid, Shri RK Trivedi, Executive Member informed that the Association has never recognised the so-called builder at any stage and rejected straight-away their proposal submitted on 23-12-2017 before Ld. Arbitrator. He read out the Associations’ reply by way of objections/ comments dated 10-01-2016 submitted to Ld. Arbitrator as well as Govt. of Haryana through e-mail in reference against the proposal of so-called builders.
3. Report of Secretary regarding various activities the Association.
Shri M.P. Pandey, General Secretary placed various activities of Association before the General Body in sequence giving reference to various orders passed by the Hon’ble Supreme Court from time to time and the affidavits filed by the then Builder and DGTPC.
Shri Pandey also informed that in the alleged proposal submitted on behalf of Coloniser/Builder before the Ld. Arbitrator it has been stated that “subsequent to the orders passed by the Hon’ble Supreme Court and after the apparent resolution to the dispute we the current and legal shareholders and Directors of DBPL purchased 100% equity of DBPL were vide an agreement dated 19.5.1997.” It was also informed that the plots under NPNL Category were allotted by the then Coloniser/Builder vide letter dated 01-03-1996 addressed to DGTPC as communicated to the Association by the office of DGTPC as well as affidavit dated 10-01-1997 filed before the Hon’ble Apex Court and their order dated 07-04-1997 in favour of 492 allottees before the Hon’ble Court at that time.
It was also brought to the notice of General Body that in addition to above, we have clearly rejected the proposal of so-called builder in to-to before the Ld. Arbitrator in our objections / comments sent through e-mail dated 10-01-2018 and the hard copy of the same delivered on 25-01-2018 along with supporting documents wherein the so-called builder, Mr.Arun Mehra has not been accepted as Builder among others on the following grounds:-
1. The Management of so-called builder never came forward about their ownership of Company when the Association was fighting the case of 492 persons before the Hon’ble Supreme Court during year 1998 to 2001.
2. Objection of any nature was never raised by the so-called builder when the sale-deeds were being executed by Late. Shri RK Nanda, the then MD in favour of 492 allottees of Supreme Court in 2003 and 2010.
3. The MD of so-called builder never came forward when Shri RK Nanda Managing Director of M/s. Durga Builder was sent Jail even after 2000 time and again for his fraudulent activities relating to land case(s).
4. So much so no any objection was raised by the so-called builder Mr. Arun Mehra when Shri RK Nanda withdrawn the bank guarantees on account of security amount from the banks.
5. So-called builder never came forward when Shri RK Nanda, MD of M/s. Durga Builder was creating 3rd Party of already allotted plots during the year 2003 to 2010.
6. Some Associations/Forums filed their cases before Hon’ble Punjab & Haryana Court but the so-called builder never objected, appeared and or represented themselves as owner the Durga Bulder Pvt. Ltd.
7. The Hon’ble Supreme Court vide its order dated 04-04-2013 summoned the builder to appear in person on the next dated on 22-04-2013. On the due date Shri RK Nanda appeared along with his counsel and the Hon’ble Court recorded his statement as under:-
“Builder, who is also present in the Court, submitted that sufficient plots are available for eligible applicant, if properly bifurcated and demarcated.”
8. Further Hon’ble Supreme Court subsequently summoned the proprietor M/s. Durga Builder (P) Ltd. again in its Orders dated 19-11-2013, 27-01-2014 when Shri RK Nanda present along with his counsel. The Management of present so-called builder never objected his presence as such.
9. Shri RK Nanda also attended the meeting held in the office of Director Town & Country Planning, Chandigarh on 05-02-2014 pursuant to the directions of Hon’ble Supreme Court in its order dated 03-02-2014 when also the so-called builder did not obey the Order of Hon’ble Apex Court which clearly goes to show that he was not owner of Company.
10. That in reply to an application dated 06.07.2017 under RTI Act , the PIO in the Office of DGTPC informed as under:
“Information regarding present MD and Directors of Durga Builders Pvt. Ltd. is not available in the record of this office. However, at the time of grant of licence Shri RK Nanda was the Managing Director of the Company and Smt. Promila Nanda was the Director. Further, the licenses granted in favour of Durga Builder Pvt. Ltd. are not valid as on date. The licence No. 1-3 of 1991 was valid up to 16-12-2001 and licence No. 65-68 was valid upto 25-6-2002….”
It clearly shows that as per record of DGTPC, the so-called builder Mr.Mehra was neither in picture of Govt. nor they have tried to do so by getting the licences renewed.
The General Secretary further stated that some allottees of Supreme Court are still in Annexure-V whereas the Order dated 23-11-2000 of Hon’ble Apex Court clearly states that “so far as petitioners are concerned it has now become once for all settled….” In this connection, Hon’ble Tribunal/ Arbitrator has also passed Procedural Order No. 10 dated 26-11-2016 giving finality to the decision of the Hon’ble Supreme Court. However, as per the advice of legal experts, the persons who have got finality from the Hon’ble Supreme Court could not be debarred from their right.
General Secretary also pointed out that the Hon’ble Supreme Court vide Order dated 15-07-2015 was not inclined to entertain other writ petitions and interlocutory applications the same were dismissed. He read out the said order also.
It agreed by the General Secretary that definitely Mr. RK Nanda has created 3rd party in many cases despite of Hon’ble Punjab & Haryana High Court Order dated 5-7-2005 in the case of original allottees. Police complaint was also made at that time but each and every verification i.e. Court Commissioners’ Report, Govt. List in 2014, recently STP Report under Ld. Arbitrator, the original allottees have been shown as owner and 3rd party sale-deed holders have not given the treatment as original/genuine allottees. Further action in the matter will be decided in due course at the time of final order for sale-deed in favour of original/genuine plot holders. General Body also informed that the, Procedural Order No. 18 of last hearing dtd. 26/02/2018 has received through mail on 6th March wherein next date is fixed for 28th March 2018.
It was also brought to the notice of General Body that Rs. 2.00 lakh per hearing is being charged by the Ld. Arbitrator on sharing basis in addition to Lawyer fee, booking of Hall, photo-state charges etc. etc. and the Association has to pay as on date Rs. 5.90 towards fee of Arbitrator/ Counsel.
4. Acounts of the Association:
The audited accounts for the year 2015-16 & 2016-17 were placed before the General Body along with the detail of income & expenditure head-wise i.e. Legal Charges, Photostat, conveyance, telephone, refreshment, Garage rent etc. etc. It was also informed that the accounts of current year 1917-18 are almost ready for Audit after 31st March’18. The income & expenditure on the date of same was also placed in the meeting.
About the revision of annual subscription/ membership fee was discussed in detail and various members presented their views. After detailed discussions the following resolution was passed:
1. The Accounts for the year 2015-16 & 2016-17 were unanimously passed.
2. The annual membership fee shall be Rs. 300/- w.e.f. 01-04-2018 instead of Rs. 200/-.
3. The Legal Charges Rs. 8000/= have to pay by each member including the Executive Committee of Association. The said amount may be paid in two instalments i.e. Ist of Rs. 5000/= and 2nd of Rs. 3000/- on demand.
4. Un-wanted messages may not be placed on whatSapp otherwise the name of such member will be kept out from the group.
5. That the payment through NEFT/on-line be made only from the account of actual member of the Association so as to account for the same properly.
6. That all payments be cleared on demand immediately to avoid any complication as noticed during the recent scrutiny in Fridabad.
7. That all members be update their Cell No. e-mail etc. for latest information.
5. Election of the Executie Committee of Association
The General Body was asked either to fix the date of election of new Executive Committee as the present body has completed their tenure. It was informed that resignations have been submitted by S/Sh. SS Bhandari, President due to shifting from Delhi to Deharadun and MP Pandey, General Secretary due to his ill health. At this, Shri R.K. Trivedi, Member stated that except the post of General Secretary, elections of entire Executive Committee be held as there is need to retain Shri M.P. Pandey at this crucial stage when the case is being fought before the Arbitrator and the facts and circumstances of the case informed to General Body. The General Body seconded the proposal of Shri R.K. Trivedi in a voice with the request that Shri Pandey must continue as General Secretary in the interest of plot holders of the Association. Further, the General Body was also of the view that since the Executive Committee has been working satisfactory, the same may be elected. At this, the General Secretary informed names of 04 members of Executive who even do not attend the meetings and as such they should be replaced by the General Body who may be able to offer themselves to serve as such. Accordingly, General Body retained/ elected the Executive/Governing Committee by minor changes/ replacement as under:
1. S/Sh. RK Trivedi - President.
2. Ravinder Singh - Vice-President,
3. MP Pandey - General Secretary,
4. GS Rana - Treasure
5. GS Routela - Auditor
6. BS Sharma - Executive Member
7. Vijay Bhushan - -do-
8. RL Kaplesh -do-
9. OP Gupta -do-
10. Mohinder Singh -do-
11. RC Kashyap -do-
12. GS Solanki -do-
In the end the out-going President Shri Bhadari thanked to General Body and requested them for their co-operation with the Association till the time we achieve our goal. He, however, also assured all sort of cooperation to Association as and when asked for.
Meeting concluded with a vote of thanks to the Chair.
-M.P. Pandey -RK Trivedi General Secretary President