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Letter to RCS by AOCAM Association of Co-operative Group Housing Society Affected Members (AOCAM) (Registration No. S-56564 under SOCIETIES REGISTRATION ACT, 1860) Registered Office: Plot No. 3-B, Sector-2, Dwarka, _______________________________________________________ Dated: 07.04.2008 To Shri U. K. Worah, Registrar of Cooperative Societies, Parliament Street, New Delhi. Sub: Judgment of Hon'ble High Court in WP(C) No. 1403-14/2006 pronounced on 02.07.2007 and clarificatory order dated 2.4.2008- reg. Sir, Kindly refer to our letter dated 3.7.2007 and 2.8.2007 on the subject noted above (copy enclosed for ready reference). It needs no explanation that whatever we understood and communicated to you in our two earlier letters dated 3.7.2007 and 2.8.2007 with respect to the implications of the judgment dated 2.7.2007 have been corroborated by the Hon’ble High Court on 2.4.2008 while disposing of your clarificatory application in which you prayed inter-alia cut off date as 6.4.2005, a fine of Rs five thousand per member for regularization of membership besides insertion of sub-rules 3 and 4 in Rule 19 of the Delhi Cooperative Societies Rules, 2007. These retrograde steps detrimental to the interest of members were aimed at putting on hold the entire allotment process. The Hon'ble Court did not heed any of your conjectural connotations and pressed its order dated 2.7.07 in its finality with observation that the judgment was very clear and they meant the date of effect as 2.7.07. The relevance of this clarification is that the learned Additional Solicitor General, who appeared on behalf of the NCT Government of Delhi had undertaken before the Hon’ble Court that this clarification/ judgment was acceptable to the Govt. and that there was no contemplation of filing an SLP in the Apex Court in this regard. Meaning thereby that clarification/ direction of 2.4.2008 has its shape and force in finality and your Office now is bound to clear membership for holding draw of lots within six weeks from the date a Society has submitted a request to this effect. It is surprising as to how the entire set-up of your office could not comprehend the very lucid and direct language of the judgment which perhaps was put off the track to seal the fate of 15000 hapless families virtually at the brink of economical catastrophe. The AOCAM feels that the judgment of 2.7.2007 was free from any ambiguities but it was twisted to cause delay in clearance of membership for allotment of flats. The members alleged that the entire issues had been criss-crossed so as to thwart the development of Dwarka which has emerge as an important sub-city with all modern planning and amenities. The AOCAM has decided to fight out this conspiracy which has created a great attitudinal crisis and bottlenecks in the development of Dwarka and delay in allotment of society flats is very much related to this jinx. The verifiable fact remains that even after advertisement with respect to 48 societies which are outside the ambit of CBI enquiry, no tangible headway for allotment appears to be in offing for the last three months. Our pressing demand is that allotment should be started forthwith in case of all these 48 societies without insisting on clumsy process. In the case of all other societies where construction work is complete, kindly go ahead with clearance of membership for allotment of flat in compliance of the order of Hon’ble High Court once a formal request is made by a society. Required minor formalities may be got completed in due course. Our Association has taken the pronouncement of judgment dated 2.7.2007 and clarificatory direction dated 2.4.2008 of the Hon’ble High Court at a very high pedestal and is committed to see that no authority is allowed to enter the arena of the contempt of court. Therefore, it has been decided by our Association to go head with agitation if the above said judgment of Hon’ble High Court is not implemented in letter and spirit. As part of our agitation programme, we will be holding a peaceful demonstration in front of your office on the 22nd April, 2008 at 5.00 p.m. if your office fails to honour the judgment of Hon’ble High Court dated 2.7.2007. Thanking you
Yours faithfully,
(DPS RAJESH) CONVENER 9868586999(M) ------------------------------------------------------------------------------------------------------------------------------------------- Association of Co-operative Group Housing Society Affected Members (AOCAM) (Registration No. S-56564 under SOCIETIES REGISTRATION ACT, 1860) Registered Office: Plot No. 3-B, Sector-2, Dwarka, 03.07.2007 To Registrar of Cooperative Societies, Parliament Street, Sub: Judgment of Hon'ble High Court in WP(C) No. 1403-14/2006 pronounced on 02.07.2007 - reg. Sir, I enclose a copy of judgment pronounced by the Hon'ble High Court of Delhi on 2.7.07. The operative paragraphs 12, 13 and 14 make out the following facts very clear and to be acted upon by the RCS/ the NCT Govt. of (i) The constitutional validity of Rule 24(2) is upheld and will be in operation for prospective entrants. (ii) The by-laws of Societies have been given paramount status even if the prospective members have to be admitted by the Societies in pursuant to the provision of Rule 24(2) of the DCS Rules 1973. (iii) All existing members who have not yet got their flats and are waiting for allotments for years together and if fulfill the required conditions as laid down in their respective by-laws, first they have to be allotted the flats before resorting to the provision of Rule 24(2) of DCS Rules. Thus, all members who were stated to have been enrolled illegally as members in violation of Rule 24(2) are now legalized by the instant decision. (iv) The Rule 24(2) will be in operation for the new entrants prospectively. (v) As the operation of Rule 24(2) itself has been put on hold by the Hon'ble High Court for the members enrolled before in their cases and will be in operation only on or after 2.7.07 in the case of prospective entrants. (vi) As per decision of the Hon'ble High Court, the operation of Rule 24(2) of DCS Rules remains stalled in the case of the existing members till the date of judgment, i.e, 2.7.07, the provision in the Rule for draw of lots in the presence of RCS shall not apply in their case. It shall apply only to new prospective members. (vii) Only six weeks time have been given to the RCS for draw of lots from the date a particular Society has made request in writing to this effect. It is, therefore, requested that the RCS Office may kindly streamline the process of allotment in the light of the latest judgment of the Hon'ble High Court. Moreover, societies which happen to be under CBI investigation should also be put within the same frame work of time. It is also requested that the instant judgment may kindly be illustrated and put to the notice of the Hon'ble High Court of Delhi in the matter of Yogiraj Krishna. Our Association requests you to expedite the process of allotment in order to provide relief to the suffering members. It is also our firm view that members should not be allowed to suffer only on account of non submission of papers by the concerned Management Committees that may be reminded and dealt with strongly in acquiring the required papers as early as possible within a week so that the entire process is completed within two months. In this connection, a discussion held with the Hon'ble Chief Minister of Thanking you, Yours faithfully, Sd/- ( D P CONVENER Mob: 9868586999 ------------------------------------------------------------------------------------------------------------------------------------------- Association of Co-operative Group Housing Society Affected Members (AOCAM) (Registration No. S-56564 under SOCIETIES REGISTRATION ACT, 1860) Registered Office: Plot No. 3-B, Sector-2, Dwarka, 2.8.2007 To Registrar of Cooperative Societies, Parliament Street, Sub: Judgment of Hon'ble High Court in WP(C) No. 1403-14/2006 pronounced on 02.07.2007 - reg. Sir, Kindly refer to our letter dated 3.7.07 on the subject noted above and find enclosed relevant extract of the Sahkari Patrika of July, 2007. The Sahkari Patrika which is supposed to be the official voice of the Cooperative Department, NCT Govt. of Delhi has expressed the same view as of the AOCAM and the facts brought out to your notice vide our letter dated 3.7.07. Our Association is still awaiting your response in the matter. Needless to stress further that judgment of Hon'ble High Court delivered on 2.7.07 is more relevant to the Societies which have completed their formalities / submitted the requisite documents / papers for the purpose of allotment of flats and your office is supposed to complete the process of allotment to such Societies within six weeks to avoid contempt of Court. We have noticed that in a number of cases, the societies have not completed the required formalities/ submitted requisite papers so far to the detriment of their members. It is also the responsibility of the RCS office to exert pressure on the concerned MCs to fall in line and submit required documents to your office. The noose should be tightened by the RCS Office to avoid delay in allotment of flats. We, therefore, request you (i) to ensure allotment of flats urgently where the MCs of the Societies concerned have completed all the formalities/ submitted the requisite papers, (ii) to cause submission of papers by the concerned MCs which have not yet submitted the requisite documents for allotment of flats, (iii) to process all the papers for allotment in time bound manner, (iv) to have periodical discussion with the AOCAM for having its assistance/ service for early allotment of flats. We will be grateful if a delegation of our Association is given an appointment with you at the earliest to explain the above points in detail and also to explore the scope of a meaningful and effective cooperation between the RCS Office and the AOCAM in the interest of the suffering members in particular and the cooperative movement in general. Thanking you, Yours faithfully, Sd/- ( D P CONVENER Mob: 9868586999
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