Sunday, September 29, 2013



Minutes of Annual General Body Meeting of Okhla Enclve Plot Holders Association  held on 26.05.2013 at 10.30 AM.
                                                       ­­­_____________

Annual General Body Meeting of the Association was held on 26th May 2013  (Sunday) at 10.30 AM at Hindi Bhawan, ITO Complex, BSZ Marg, New Delhi-110002 under the Chairmanship of Shri S.S.Bhandari, President.  The members who were present in meeting signed on Attendance Register. The minutes of meeting, as per Agenda, are as under:-


Item No. 1:   Welcome Address by the President :

            President Shri S.S. Bhandari, while welcoming and thanking to the members present in the meeting, for their unity, patience and extending cooperation. He, however, also briefly narrated the developments and efforts made by the Association from the date of last General Body meeting.  

            He further stated that the Association is taking timely action for the benefit of all members by dint of which we reached this stage despite hurdles being put on our way. He mentioned that our ultimate goal is demarcation of entire area/colony, sale deed in favour of all plot holders/claimants identified by Court Commissioner so as to facilitate development of the colony by Govt. of Haryana.  The President appealed to all members to remain united and thwart any steps to disintegrate and keep a strict vigil on  mischievous elements.

Item No. 2:  Report of General Secretary about various activities of Association

            Thereafter, with the permission of Chairman, Shri M P Pandey, General Secretary  read out the minutes of last General Body Meeting held on 04-12-2011 regarding Court Commissioners’ Report, Case position at that time, proposal of AGM to change the  then advocates,  approval for  collection of Rs. 10,000/- from each plot holder per plot towards legal expenses and  Passing the Audited A/C up to 31-03-2011 and the same were unanimously confirmed  by the General Body.  He informed that that out of sanctioned amount Rs. 10,000/- only Rs. 5000/- was demanded by the Association which was paid by more than 95% members. The fact about the unauthorized construction & water logging at site and the action taken by the Association was also brought to the notice of AGM.

It was informed that the last hearing in the Hon’ble Supreme Court was held on  17.01.2012. Pursuant to the orders of Apex Court, replies to I A’s, rejoinders, as applicable, were prepared and filed. For a considerable period, the case was not listed for hearing.  As such, an application for early hearing was filed, but the same was not acceded to by the Hon’ble  Court. The case was listed for hearing in the Addl. Registrar’s Court,  when it was stated that the case will be heard by regular Bench of the Court.   Constitution of Bench took a long time as the existing Judges of our Bench got retired or shifted. Overcoming the frustration, we in the meantime, engaged new set of advocates.  A lot of efforts were devoted to preparation of notes and briefing the case to new Advocates. After a long gap the  case was first listed for 8th Feb, 2013 and  then  on 15th March, 2013 but on both occasions the case was delisted. This made us jittery, we made a request for inspection of file/documents; the concerned Section of  Hon’ble Apex Court told that the case is listed for 02.04.2013, a Non-Misc. Day which will not be delisted.

The General Secretary further stated that the matter could not come on Board on 2nd & 3rd of April, 20013, however, case was heard on 4th April, 2013 when the Hon’ble Court was pleased to direct the parties to sit together and bring common agreed points before the Court on next hearing i.e. 22nd April, 2013, three meetings of some advocates were held on   15th, 17th & 20th April  2013 when  7 undisputed points were unanimously  decided.   On 22nd  April 2013  copies of these undisputed points were  handed over to  the Honble Court and distributed among the advocates. Various advocates raised query  that they were not present in said meetings.  M/s. Durga Builder  and as well as M/S. Classic Sales Co. were of the view that their consents were not taken. The  advocate of Durga Builder Association did not press for directions on agreed points. Builder, Mr. Nanda,  was present in Court along with his advocate & submitted a lay out plan along with an affidavit  with the prayer that he has made  provision of 637 plots for eligible  persons.  At this, our Advocate requested the Court that there should be no problem to anyone to pass the order on undisputed points.  After hearing the plea of advocates, the court passed the  directions to DGTCP  to identify and demark the plots made available by Builder and report within four weeks, he is free to report on unauthorized construction.  General Secretary also   mentioned that a delegation of  Association have already met concerned officials of Haryana Govt. at District & Director level and   list of our   members, who regularly pay their dues, have already furnished  to  them with all details  viz  plot No. , size, sector etc. etc. for incorporation in demarcation plan.  The General Secretary also placed various issues before the General Body for information of members as under:-

1.                  It is well known that 134 sq. yds. plots were carved out for Supreme Court petitioners. They were categorized as NPNL in addition to already allotted NPNL category. After the order dated 23.01.2001 of Hon’ble Apex Court, number of non-allottee booking holders approached us for enrolment. As such 512 non-allottees  were enrolled into this Association. The Legal Charges @ Rs. 2000/- per  member was collected by  our Association for which a separate bank account was opened. Their case was filed before Hon’ble Apex Court which was dismissed with the direction to go to High Court.  Accordingly the case was filed in Delhi High Court and after about three year’s period, court passed the order that the land is in Faridabad District which is beyond their jurisdiction. After the direction of Delhi High Court and as per advice of our advocate, the case of these members was filed in Crime Branch Delhi where the Colonizer agreed to refund their principal amount and  in pursuance to this  Rs. 4.75 crore were received from the colonizer, out of which Rs.4.05 crore were refunded to the non-allottee members and remaining money was returned to the builder. Regarding interest on deposit of refunded amount, members were assured that they may  file their interest case separately in Groups  and advocate fee & other expenses will be borne  by the Association from their existing funds but it came to know that so far no group has filed the  interest case except some individuals. It is reported that the individuals cases are still pending in various courts.   Durga Builder Plot Holders Association who similarly enrolled 1074 non-allottees, and at later stage, it came to our notice that the said Association has filed their case in Punjab & Haryana Court.


2             It has also been clarified before the AGM that unauthorized encroachment at site  have taken place time to time but despite of our repeated complaints only some portion was demolished to show the action.   The builder lobby trying to occupy the  land by hook & crook.  At their behest efforts are on for ensuring a break up.

3          General Secretary  requested members to remain united, as  respondents to the case and other mischief persons  are trying to spread rumors as supreme court, high court  petitioners, previous allottees,  agreement to sale persons, 2nd party  persons etc. etc.  In fact all our members are already identified by the Court Commissioner and presently the report is before the Hon’ble Apex Court and definitely, if no hurdles are created by the opponents, the matter will be decided in 4-6 hearings and requisite orders will be issued to Govt. of Haryana for further action in the matter. 


4          It is also brought to the notice of members present in the meeting that there was  no need of additional funds  to Association,  but in  due course of time if  the  case not decided as expected, we may be compelled to demand the  remaining approved amount of  Rs. 5000/-.

5.         It was also pointed out that in future, written postal correspondence would be dispensed with in view of e-communication and uploading information on Blog of this Association to save time, cost and efforts. However, for safe and secure communication all are requested to communicate their possible Internet e-mail ID, Cell no. etc.


Item No. 3  :  Accounts of the Association

While stating that the accounts duly audited for the period ending 31-03-2011  have already been passed which were confirmed  by the members in the General Body Meeting held on 04-12-2011.  On behalf of Treasurer, the  Secretary placed  the  audited Accounts of Association  for the year ending 31-3-12 and 31.03.2013 head-wise before the General Body.

            The detail of income & expenditure  for the year 2011-12 & 2012-13 are as under:

Opening Balance 2011-12                                                     Rs. 12,03,476.00
Membership received.                                                            Rs.      61,230.00
Legal Charges etc.                                                                 Rs. 11,87,500.00
Total                                                                                       Rs. 24,52,206.00
 Expenditure                                                                          Rs.   3,90,691.00                     
 Closing  balance                                                                    Rs. 20,61,515.00
           




Opening Balance 2012-13                              :             Rs. 20,61,515.00                              
            Membership received-                                                   Rs.      12,000.00  
            Legal Charges Received-                                              Rs.      79,000.00
                                                                                                ----------------------
            Total                                                                               Rs 21,52,515.00
l expenditures                                                                 Rs.  3,54,968.00
                                                                                                ----------------------
            Closing  balance                                                             Rs.17,97,547.00
            .                                                                                     ============

It was also informed that  about Rs. 5.00 lac    payment has already released to Advocates  along with other expenses  till date during the current  financial year  and expected that the case will be finalized in 4-6 hearings if any obstruction  is not raised by the selfish elements.  After the judgment, definitely we have to work hard for its  implementation.
Some members asked for copies of accounts since 2003 onwards which was not agreed by majority of the members on the ground that the said audited accounts have already been passed by General Body from time to time.  However, members suggested that the brief of income & expenditure of above stated accounts be placed on website for information.

Item No. 4 :   Discussion about Elections:  The issue to decide the date of election of Executive Body was also placed before the AGM by the President. Few Members proposed two members names for executive body against the vacancy of one member whereas some proposed that the existing members who are holding the executive membership long-long years and now either they should resign or step down so that new members be taken their place, this overhauling will require proper election which right now is not possible due to nearing date of hearing in Hon’ble Apex Court.  However, it is decided to  fill up a vacancy of Executive member by co-opening Shri R.L. Kaplesh and  Shri Rakesh Malhotra wants to offer his services as legal expert. As Shri R.K. Trivedis’ services are being taken as Legal Supporter/Advisor being LLB, however, Shri Shri Rakesh Malhota will assist him as & when require on legal points  This arrangement will terminate with the end of this Executive’s tenure which has been passed for two years by the Executive Body.

Item No. 5:     View of Members-  

S/Shri B S Sharma & R K Trivedi also expressed their views  about the present situation  being faced by the Association and  requested the present members  that  some  members of our Association are involved in property dealing work, as such we should be careful from  such members as they may be harmful and adversely affect the interest of our Association.  It was reiterated that we can achieve success only after when we remain united.   Shri Rakesh Malhotra also informed AGM about the efforts done by him along with some of his colleagues for the purpose of development work.  He stated that they  met different officers on various occasions for the purpose but could not achieve his goal.





Item No. 6:     Vote of Thanks:

Shri Bhandari, President of Association, in his address of thanks appreciated the efforts of all office bearers, Executive Members for their support.  In the end the President requested to all Hon’ble members to be united and co-operate to Association in the interest of all and forget any internal differences to achieve the target.

The meeting was adjourned with a vote of thanks to the Chair.
                                                                                          
                                                                                                                 -MP PANDEY
                                                                                                        GENERAL SECRETARY.

Thursday, September 5, 2013



FOR INFORMATION TO ALL MEMBERS

During the hearing of our case in the Hon’ble Apex Court on 17-07-2013, Mr. Rana Muherjee, advocate introduced himself representing all 492 Supreme  Court petitioners, who were allotted plots vide Apex Court’s order dt. 7.4.1997. We informed our advocate that the strength of 189 petitioners was with this Association  when the case was filed before the Hon’ble Apex Court in 1996 and still today with us except either who sold their plot or not paid/deposited their subscription/legal charges. The lists of said members were not only submitted to the Court Commissioner but also to the Builder for getting the Sale Deed executed in their favour.   Almost these sale deeds have been witnessed either by the President or General Secretary. Similarly, sizable no. of Supreme  Court  petitioners belong to other Association. It is surprising, as to how the said advocate is representing 492 persons? 

            Our advocate on Record asked us to give him ‘Vakalatnama’ with signature in respect of each Supreme Court petitioner belonging to our Association in order to determine the exact no. of petitioners Mr. Mukherjee is representing and also to find out the extent of misrepresentation of facts. As such  the SMS’s were sent  on 05th August, 2013 to all our Supreme  Court petitioner members with the request to sign the ‘Vakalantnama’ which is placed at F-41, B K Dutt Colony (Karbala) but  few members  refused to sign the same or did  not come forward to do so.  

            Executive Member, Shri RK Kaplesh pointed out  that there is some queries of few members, for seeking solutions/clarifications he sought a meeting with such members. For the unity and interest of all, a meeting of Executive Body was held with such members on 1st Sept.  2013 at 4.00 pm at Sanjay Lake, Laxmibai Nagar. Similarly meetings were held with them twice earlier. 

            Mr. Rakesh Malhotra raised following points in detail on behalf of them:

1.    The Executive Meeting should be held fortnightly till finalization of case.
2.    A specific Association office be arranged and if not possible, he is ready to offer a room for the purpose at Rohini.
3.    If any member does not sign Vakalatnama what is harm ?
4.    How much payments are being made to advocates?
5.    What is mode of payments either Cash or Cheque?
6.    The members of supreme court petitioners have already paid full & finall payment long back from those persons who are presently before the Hon’ble Court,  but today their issues are not raised before the court &why so ? The said petitioners have already paid dev. Charges but now any amount should not imposed them.
7.    The list of all members should be placed on Association Website. .
8.    Why the minutes of AGM not placed on Association website  till date, neither Mr. Kaplesh nor he (Rekesh  Malhotra) knows their duties.  Why so?
9.    A routine time be fixed to meet the President & General Secretary



Point-wise reply, as under, was given before the all present members:

1.      Fortnightly meeting not possible.  Meeting is convened as per urgency.
2.      Not possible to run office from Rohini.
3.      It is legal matter and advocate is responsible only for those members whose signatures are  in Vakalatnama. Association will never compel anybody to sign on Vakalatnama. This is in the interest of each member to fulfill the requirement of advocate.
4& 5.   Rs. 1.55 lac + 10% conference charges + clerkage per hearing is being paid to Sr. Advocate  whereas Rs. 21000 to Jr. Advocate  & other payments, if any.  All payments are being paid through Cheques.
6.    The  plots allotment, possession, sale deed and building plan has already been executed/done in favour of supreme Court petitioners  and only  development work remains to be done which  is already before the Hon’ble Court.  It is also clarified that out of 492 Supreme Court petitioners 413 were defaulters. Who made/cleared their outstanding payments after 30-09-99 whereas the present petitioners have paid their all payment before 10-01-1997 (In this regard the affidavit of Builder & statement were  read out before the present members)..  Definitely our all members have paid all dues & it will be placed before the Court at appropriate time but the final decision will be on Courts decision.
7*. The list of all members who have duly paid the dues with name & plot Nos. will be placed on Association website in due course of time. The members’ name would be struck off  if they not cleared the dues of Association.
8.    As Gen. Secretary  was busy in other important works, however, efforts will be made that the minutes be put in Association website within 10-15 days. Shri RK kaplesh was offered Executive member and was called to attend last Executive meeting but he did not attend.  Shri Rakesh Malhotra offered himself for in legal matters, in this regard Shri RK Trivedi, an EC member, also offers advice on  Legal matters to Association, as when necessity for addl. help is required Sh. Malhotra’s assistance will be sought but this offer from Association is subject to unstinted integrity, as they have been voicing concerns of their group only disregarding overall interest.
9.    No routine time can be fixed as proposed for welfare work. President & General Secretary are Honorary as other are, care should be taken not to waste their time on unnecessary queries, as they have to perform bulk of Association work.  If any member has any suggestion or requires any information on any important issue, such members may write to Gen. Secretary, for meeting prior appointment is must, meeting can be granted for individuals not for groups.  

      It is also clarified that groupism is anti-association activity and as such not tolerable. All members have to abide by the rules & regulations framed by the Governing/Executive Body. 

      In the end all members thanked by the President & requested to them  to be united to achieve the Goal as our fight is for all those bonafide members who are suffering since long back.
-MP Pandey,
General Secretary
*Various members objected to put the list on website.  However, the same will be re-considered in next Executive Body Meeting.