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.
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