The two contempt petitions pending for disposal are as under:
1. IN THE HIGH COURT OF DELHI AT NEW DELHI CONT.CAS(C) 655/2007
ASHA DEEP COOPERATIVE GROUP HOUSING SOCIETY LTD.
..... Petitioner
Through: Mr. K.K. Rai, Sr. Advocate with Mr. S.K. Pandey, Advocate.
versus
U.K.WORAH .....
Respondent
Through: Mr. V.K. Tandon, Advocate for respondent no. 1.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
O R D E R 15.07.2009 List on 06.11.2009.
VIPIN SANGHI,J JULY 15, 2009
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2. ITEM NO.12 COURT NO.5 SECTION XIV
SUPR EME COUR T OF I ND I A RECORD OF PROCEEDINGS
CONTEMPT PETITION (C) NO. 287-288 OF 2009 IN Civil Appeal 3332-
3333/2008 (For Prel.Hearing)
ASHA DEEP COOP.GROUP HNG.STY.LTD. Petitioner(s)
VERSUS
ASHISH CHANDRA VERMA & ORS. Respondent(s)
(With appln.(s) for exemption from filing certified copies of annexures)
Date: 07/09/2009 These Petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ALTAMAS KABIR
HON'BLE MR. JUSTICE CYRIAC JOSEPH
For Petitioner(s) Mr. K.K. Rai, Sr.Adv.
Mr. S.K. Pandey,Adv.
Mr. Krishnanand Pandeya,Adv.
For Respondent(s)
UPON hearing counsel the Court made the following ORDER
Issue notice on the contempt petition returnable on17th November, 2009. The alleged contemnors need not be present in person on that date.
[Madhu Bala ] [Juginder Kaur]
Sr.PA Court Master
The HC contempt is pending since 16th November, 2007 and SC contempt has been filed in Sept. 2009. DPS RAJESH*******************************************
Since it is not a battle field and here we are not having a team of well trained soldiers, so it is very obvious to get a mixed type of reaction.
As per RCS officials, if they start investigating each and every member closely then there will be less than 10% actual sufferers and rest 90% will be only those who have spent money in Dwarka solely for Investment purpose. In other words they are just waiting to get their flats so that the same can be sold out in crores. They also told that the scam started because of people themselves, why they were paying premiums to Builders while taking Society membership and now if it has been caught in CBI and Court, then why they are expecting RCS to do wonders.
Anyways, we can not pull people from there houses and ask them to participate with us. I would suggest
1. We should stop this war of words first.
2. Whosoever can come to AOCAM meeting this Sunday, please must come.
3. We MUST need to involve our area's MP(Mr Mahabal Mishra) and MLA(Mr
Shokeen) in all our future course of actions. We should ask them to
participate with us in all our DHARNA etc. Colonel Rajat
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I see your concern. As you truly said, it's their home and they know best course of action about it and they are not bound to set their actions according to the forum. There are also people who are not victim but ready to offer help. So let's look at the positive side. I think Reji has been trying to encourage people to become more and more action oriented not just bloggers and share thoughts. I hope you would agree that we need more volunteers to expedite projects/issues this forum take up. After all It's in public interest.
To an extent sharing thoughts help and encourage those who volunteer but at the same time more people should come forrward and volunteers issues. That's the only way we can emphasize impact and make things better for us.
People are already dishaunted, discouraged and facing a lot of problems due to delay in allotment. I appeal all the members to step up wheather or not they are victims. Tomorrow, it could be another issue with another group but we will stand together and tall.
I think let's go ahead and meet on Oct 4th and then weekly basis onwards, I am sure you will see a lot of other people joining hands together week by week. Anoop Rohera
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I agree with you that along with courts we need to do a few things where in people need to be awakened.May be some road blocks, some fasts on Gandhi jayanti and something strong so people realize we r suffering and won’t take it lying down any more.
I would suggest no more just blogs, let’s all get down to action, seems like a war is on within the country to get our rights back.Any suggestions is welcome, any leader is welcome. Rajeev
I have been receiving mails from various suffering members but deliberately do not respond as sometimes discussions make the matter confused and so in the case relating to Cooperative Societies which of course has turned jinxed. I alongwith some of the enthusiasts spearheaded agitation under the banner of AOCAM and fought the issue of Rule 24(2) in the High Court in the case captioned Rajib Mukhopadhyay and others culminating into regularisation of the membership of all those affected by the provision of Rule 24(2). In this connection, the 100 days relay hunger strike was also conducted on Jantar Mantar besides demonstrations and candlelight marches in Dwarka and in front of RCS Office. Unfortunately, some vested interests got the movement impeded but I assure you AOCAM is still in action and it will fulfill its task of allotment of flat to all the affected members. In the case of Asha Deep CGHS, the RCS in violation of HC and SC orders put on hold allotment of 28 members including me. In this connection, a contempt notice has already been issued to Shri U K Worah, the former RCS, Dr Ashish Chandra Verma, the existing RCS and others. The next date of hearing in this case is on 6th Nov, 2009. I do agree with those who propose for demonstrations and dharnas but for this all have to come together to fight instead of wasting time on blogs. D P S Rajesh
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I did lodge a complaint regarding non allotment of flat on President Secteriat Website helpline.rb.nic.in and in two weeks I got the reply by post stating that my grivenece has been forwarded to Chief Secy, Delhi Govt, who in turn forwarded it to Registrar. And the Registrar replied that documents submitted by ur society are under scrutinity and further progress be obtained from ur society. The net result a BIG ZERO.
Allotments can only be ensured by recourse to legal channels and also by putting PRESSURE on authorities.I suggest following;
Filing of SLPs by each society individullay on behalf of senior citizen members
Leading delegations to Lt Governor/Cooperative Minster/Secy, also Ldr of Oppisition in Delhi Assly.
Regularly meeting Registrar to impress upon him to expedite
Being a service officer, I wish to request that all defence people get together for a meeting with LG as a first step. Please send ur avaiability and willingness at my email.Tele 9313012125. We shall plan further course of action depending upon response. Brig S C Arora(Retd)
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Unity is strength. If u do not ask, u will not get, said Mahatama Gandhi. If a warriour of the status of Colonel is disappointed, it is a serious matter. All the affected members should meet together and chalk out further strategy. Blogging to some extend is alright but it seems that some ground action is also required. M K Gupta********************************************************
I had F2F discussion with one of the RCS Officials and he told me that allotment process(for 57 Societies) will not be able to start for long. The reason is that still there are several things in
this case which might need interventions from various groups viz. Delhi Govt., High Court, RCS, DDA.
He hinted if you want RCS to expedite it, then you should come out in MASSES do DHARNAS etc else its better you keep waiting and blogging from your AC rooms/offices and let it go at its own pace.
I believe he gave me the TRUE picture of this matter, and now I also feel that nothing will change if I alone keep on visiting the RCS office to persuade them, better I should also remain silent like others. Colonel Rajat
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During last week of May'2009 RCS/Secretary cooperative departent of Delhi Government has asked for advise on allotment process for the 57 societies from Law department of Delhi Government specially with respect of charge sheeted members and those who have contested CBI charge sheet. Subsequent to that the allotment of flats to cooperative members is held up as RCS department is yet to receive guidance from Law department. Allotment process still remains in abeyance with RCS/ cooperative department of Delhi Government, till that time about about 6000 families which are part of these 57 societies will continue to suffer by living in rented homes and paying EMI for the loan for these appartments. Suneet
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A delegation of the members of 29 newly allotted societies in Dwarka met the Hon'ble Chief Minister on 24th July, 2009 to show their gratitude for taking her personal interest to solve the much complicated issues of the Group Housing Societies in Dwarka due to which the draw of lots of these flats were withheld for last 4 years. Thousands of the affected members had been waiting for their flats and the dream materialized when the hon’ble high court gave the relief to
the members and subsequently the Delhi Government came forward for the rescue of the affected families on the personal intervention of the Hon’ble chief minister. There are about 48 societies which were not in CBI investigation and about 57 societies which are currently under CBI scanner; the government has given one time exemption to all the members who were enrolled in violation of Rule 24(2).
The delegation comprising of members from different societies namely Sh. Ved Pandey of Antriksh Apartment, Mr. Gaur of Vishwas Apartment, Mr. T.S. Raju of Gandhi Ashram, Dr. Rajneesh Gupta of Great Loyalopor, Mr. Anjeeni Kumar of Joy Apartments, Mr. Sodhi of Bharat
Petroleum and Mr. R.K. Goel of Gold Croft etc who had been meeting the CM for last 2 years many times, offered a bouquet to her and also apprised her of the problems being faced by those affected members whose societies are under CBI scanner. The Hon’ble CM told that they are doing the needful for them also and necessary policies /guidelines are being framed for the early allotment of the flats. Colonel Rajat*************************************************
Message on DDA site:
This draw is subject to confirmation after 15 days from the date of
draw. It will be confirmed only if no complaint during this period is
received in the office of RCS or DDA. Draw Result for draw held on
12.May.2009.
http://rcs.delhigovt.nic.in/ClearedSocieties.htm
CONSULTING ENGINEERS CGHS PLOT NO 11 SECTOR 18-A DWARKA
BHARAT PETROLEUM STAFF CGHS LTD, PLOT NO 08 SECTOR 18 DWARKA FOR CATEGORY A
BHARAT PETROLEUM STAFF CGHS LTD, PLOT NO 08 SECTOR 18 DWARKA FOR CATEGORY B
BHARAT PETROLEUM STAFF CGHS LTD, PLOT NO 08 SECTOR 18 DWARKA FOR CATEGORY B-1
I am fully aware of the merits of these cases. I have been engaged by some of the persons charge sheeted by CBI. Since the matter is subjudice, thus, I would not at all comment on the merits of criminal cases. However, I would clarify the doubts raised as to what could be the fate of the charge sheeted persons' right to have allotment of flats in the light of said judgements/ orders of Hon'ble Apex Court. We need to just have a glance on the relevant portion of impugned order of Hon'ble High Court, i.e. Para-5 sub-para-vi Order dated 29.8.08 which reads as under:
"(vi) We also direct that the charge sheeted office bearers and/or members of the Petitioner society including former
Members, shall not be eligible for Consideration for allotment of a flat till they are found blemishless after the
Acquittal and exoneration in any inquiry by the Registrar of Cooperative Societies."
As per the above order of the Hon'ble High Court, those who are charge sheeted in the society scam case, would not be eligible for Consideration for allotment of flat. It is in this backdrop, one of the aggrieved person had knocked the door of Hon'ble Supreme Court through the SLP, and had challenged the legal propriety of directions of Hon'ble High Court of having constituted the Justice Mahajan Committee and additionally excluding the charge sheeted persons from the list of persons to be considered for the allotment of flat. Manoj Prasad
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On 05.12.08, Hon'ble the Supreme Court had admitted the SLP and passed an interim order, the operating part whereof reads as under:
"In the meantime, the Committee constituted by the High Court in the impugned judgment, shall not proceed and the respondents
Will be entitled to continue to process with the applications made for allotment of flats under Rule 90 of the Delhi Cooperative Societies
Rules 2007 but shall not make any final allotment till the disposal of this matter.
Pursuant to this order, the Rule 90 Committee shall also consider the petitioner's application for allotment."The above interim order was made absolute on 31.03.09 by the Apex Court and the said SLP was disposed off. The above order of the Apex Court translates into following consequences:1. The Justice Mahajan Committee is dissolved and has no role to play whatsoever in the allotment process.2. Those who are charge sheeted by the CBI, also entitled to be considered for the allotment of flat. I hope my above answer would suffice to clear your doubts. Ashok Chaitanya, Advocate
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