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
Cell: 9818233779
Cell: 9818233779
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