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)

2 comments:

  1. Date 6.3.2010

    Dear Bhandari jee and Pandey jee

    Namaskar

    Thanks for informing us the latest position

    In my opinion we should not hurriedly go for registry until & unless we have clear cut directions from the Court. Hence before going for registry of the plots of the Supreme Court plot holders, we must clear on the following points:

    i) Whether we have any fresh court directions from the Faridabad Court after rejecting the petition of the other party in the High Court. Whether we have filed an application for giving the directions on registry in view of the application of the other party rejected by the High Court, if so what are the directions of the Faridabad High Court
    ii) Whether our case would be effected in the Supreme Court, if we will go for registry sua-moto i.e. without any directions from Faridabad Court or Supreme Court. On this we will have to take legal opinion from the Expert Lawyer from the Supreme Court.
    iii) You know our Association differs on the language of the contents of the registry. Hence, legal vetting is required if we go for sua-moto registry. Otherwise Durga Builders will trap us in their net and M/S Durga Builders may file an affidavit in the Supreme Court to destroy our case.

    Hence in my opinion we may wait ( registry of Supreme Court Plots) till the outcome of the Supreme Court which will be hearing in May,2010.

    Here it is also to mention our each and every action is also answerable to the holy soul of Mr.Malhotra who had fought our case till death. So we may take any steps with utmost care and caution.

    As regards payments, we are ready to pay.

    With regards

    Yours sincerely
    Spkakkar
    9818726466
    E-mail: spkakar-mef@nic.in; spkakkar@hotmail.com

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  2. Date 6.3.2010

    Dear Bhandari jee and Pandey jee

    Namaskar

    This is in contination of my earlier comments.

    You knew that we were not going for registry of Supreme Court plot holders in view of the no clear cut directions on the development charge, demaracation plan, approved map/outlay of the plots as well as external/internal development are not mentioning the contnet of registry. All the pleas we had filed before the supreme Court and Faridbad Court. Particularly Association had gone to Faridabad Court for giving the directions to Durga buildings about mentioning all the above stated points in the registry. The directions of the Faridabad Court is yet to come particularly after rejection of the Arun Mehra Case in High Court.

    Donot panic on the issue of the registry. Let's be unite on all the front. Any confusion will create chaos in the unity of the members.

    It is reiterated that we should not come under the trap of the Durga Builders otherise our case would be damaged in the Supreme Court and Faridabad Court.

    Hence, again I am repeating that we may wait ( registry of Supreme Court Plots holders ) till the outcome of the Supreme Court which will be hearing in May,2010 or the directions of the Fardiabad Court.

    Further I am repeating may pray to all (including myself) that our each and every action is also answerable to the holy soul of Mr.Malhotra who had fought our case till death. So we may take any steps with utmost care and caution.

    As regards payments, we are ready to pay.

    With regards

    Yours sincerely
    Spkakkar
    9818726466
    E-mail: spkakar-mef@nic.in; spkakkar@hotmail.com

    ReplyDelete