New Delhi
October 6, 2008.
Dear Member,
We had last apprised you of the status of our case through letter dated 11.6.2008. The main contents of letter are summarized as follows:
M/s Durga Builders was placed in liquidation vide order dated 18.1.08 of Delhi High Court passed in Company Petition No.238/2005 and official liquidator attached to the Court was appointed as provisional liquidator to take control of assets of the company. As already indicated in our previous letter, your Forum filed an Intervention Application in the said case pleading that the coloniser company had invited liquidation order on itself by giving consent citing its poor financial condition and its inability to discharge a small debt of a few lakh rupees when it had sufficient liquidity of several crores of rupees realized from sale of commercial land in the colony, and by concealment of material facts relating to the orders dated 19.5.06 passed by Division Bench of Punjab and Haryana High Court directing the coloniser to hand over physical possession and transfer title of plot in favour of petitioners i.e. our members; and the fact of dismissal by Supreme Court on 4.1.08 of SLP No.14843/2006 filed by coloniser although the Counsel for Coloniser in both the cases was one and the same person. Although the Coloniser was fully aware of the affirmative orders of Supreme Court, the existence of orders dated 19.5.06 and 4.1.08 was concealed to get the order of liquidation by fraud in order to scuttle the orders of Apex Court and to deny transfer of plots to allottees who had admittedly made full payment long ago and fought hard for years in Apex Court to get what should have been available to them as a matter of course. It was also pleaded that the winding petition was a collusive act between the petitioner and the coloniser company. In its hearing on 3.10.08, the Hon’ble Delhi High Court accepted our plea and was pleased to recall its order dated 18.1.2008 by which provisional liquidator was appointed. The Court has imposed cost of Rs.50,000/- on the company/its Directors and ordered some further investigation. After the recall of orders of liquidation, the coloniser will no longer be able to plead that the orders of the Court cannot be implemented because the company is in liquidation and its office premises and records are sealed. The coloniser is now legally bound to comply with the directions dated 19.5.2006 of Punjab and Haryana High Court as affirmed by Hon’ble Supreme Court in its order dated 4.1.08 in SLP No.14843/2006.
The count down for coloniser has begun, and the period of free run enjoyed by him so far is over and has come to an end. He will now be called upon to account for all the sins committed by him against low paid hapless salaried wage earners who deposited their hard earned wages in the hope of owning and building a dwelling unit for their children. We are sure that the law of retribution will ultimately catch up with him, and force him to compensate the allottees for all his misdeeds.
The formal orders passed by Delhi High on 3.10.08 are awaited. Further action will be taken on receipt of these orders.
We had requested the members to deposit with the Forum, an amount calculated at the rate of Rs.50/- per square yard to be paid to coloniser at the time of registration of sale deeds. Some members have made the deposit with the Forum. Your Forum has opened a separate bank account wherein the payments received on this account have been deposited, for transparency and to enable us to make prompt payment in case the Forum is called upon to honour its undertaking made before company court. In the order dated 3.10.08 passed in the open court, the Counsel for Mr.Mehra has undertaken to deposit the debt claim of Manjit Kaur with the company court within 15 days of the
order, should Ms Manjit Kaur turn up to claim the debt. In such an eventuality your Forum would not be required to discharge the debt of coloniser company. The question whether your Forum should continue to collect deposit @ Rs.50/- per square yard or to refund the money already received by Forum to members concerned was considered by your Executive Committee in its meeting held on 5.10.08. Your Executive Committee is of considered view that the Forum should continue collecting the deposit as earlier decided and requested. In case, the coloniser proceeds with execution of sale deeds, the Forum will arrange to get Bank Draft issued in favour of the company and hand it over to the coloniser company at the time of registration of sale deed. In case the coloniser fails to comply with the order, this amount could be deposited with the Government (Director, Town and Country Planning Haryana, Chandigarh) after the take over of the colony by Government in pursuance of the directives of the Court. The Forum would like to be ready with additional payment on behalf of members as and when demanded by Government or coloniser keeping the interest of members upper most at all times.
We have initiated action for vacation of the third party rights created on our plots by coloniser and registered by Sub-Registrar in violation of Orders of High Court. Simultaneous action has been taken for clearance of cases still pending with the Director. We hope the matter will get resolved at an early date, because of large scale violations which have assumed the proportions of financial scam perpetrated in this case. DC Faridabad, who had ordered on 26.2.08 an enquiry into the matter, is currently sitting over the report presumably to shelter his brother officers and subordinate staff. These dilatory tactics of a Civil Authority will appear to confer short term advantage on guilty, but will not succeed in the long run. Ultimately, the authorities will have to undo and nullify the violations to save their skin under pressure of judicial orders. The Executive Committee re-assures the members that their cause is just and the pro-active pursuit of the just cause would yield positive results.
We are getting reports from our members to the effect that members are being approached by persons with offers to purchase plots. These persons are fully aware that the plots already stand registered in the name of third parties. To discourage the members, they are told that will be impossible to get the third party rights vacated because the persons involved have financial and muscle power and have the capacity to bribe their way through with the authorities. The intention of these persons is to get hold of the original letter of allotment, cash receipts, plot buyer’s agreement etc. by paying a comparatively small price so that they could claim that the member concerned has voluntarily surrendered his claim. This nefarious activity is continuing since the year 2005 and these persons become active as soon as some favourable orders are passed in our favour. The members are, therefore, being fore-warned of the activities of agents, financers who have obvious vested interests of their own.
After partial demarcation of plots of 134 square yards allotted to 1996 Supreme Court pensioners, further demarcation is still awaited. We are in touch with DTCP, Chandigarh to expedite the demarcation of total colony and its development.
We have come across a News Report which appeared in Times of India, Delhi Edition, on 2.10.08 titled “Build now, approval later: Haryana” that Govt. of Haryana has decided to allow construction to plot owners on their plots after submission of Building Plan to authorities without awaiting sanction of that Building Plan. We are as yet not in a position to confirm whether orders have been issued by Govt in this regard. This report is brought to the notice of members who may wish to take advantage of this decision.
Your Executive Committee is of considered view that we have a water-tight fool-proof legal case, admitted by Courts(even in highest Court of the country also), Government and coloniser. The Director, T&CP(Haryana) stands committed to his order dated 23.8.2004. The only hurdle in the way of take over of colony stands removed with the order dated 3.10.08 of Delhi High Court setting aside the order of liquidation. Your Executive Committee therefore thanks its members for their continued patience, co-operation so far and requests the members to bear with us for some time more. The fruit of patience will taste sweeter after a long and tiring wait of more than 20 years.
We may inform the members that a Society which was petitioner before Supreme Court in 1996 had filed IA 8 and 9 with Supreme Court. The matter is at final stages and a decision in the matter is expected in the near future – on 14.10.2008 or on next date. We are keeping a close watch on the developments in this case and are grateful to the cooperation extended to us by the Society concerned. Your Executive Committee feels that the decision in this case will have a vital bearing on our case as we are similarly placed being at par with Supreme Court petitioners in terms of order dated 18.3.2002 passed in CWP No.3311/2001.
In conclusion, we suggest that each member may like to share with other members the news as regards recall of liquidation orders. Those members who are in arrear of dues of Forum as indicated in our earlier letter dt.11.6.2008 and have not paid, may kindly remit the amount to Forum, as no legal or other matter can be pursued properly without adequate resource position. The members are also requested to deposit the additional payment @ Rs.50/- per square yard at the earliest in their own interest.
Your Executive Committee once again profusely thanks its members for continued support and confidence reposed in it. The members are also requested to up-date the Forum with their latest postal address & telephone numbers or e-mail address to facilitate prompt communication.
With best wishes for Diwali and on other forth coming festival occasions.
Thanks & regards,
Yours truly,
( RAKESH VERMA )
SECRETARY
नई दिल्ली
6.10.2008
प्रिय सदस्यगण,
पिछला परिपत्र हमने आपको दिनांक 11.6.2008 को जारी कर विस्तृत जानकारी दी थी । फोरम की कार्यकारणी बैठक दिनांक 5.10.2008 में लिए गए निर्णय व हाल में हुए घटनाक्रम निम्न प्रकार हैं :-
1. दिनांक 3.10.2008 को कम्पनी पेटीशन सं0. 238/2005 में हुई सुनवाई में माननीय दिल्ली हाई कोर्ट ने ‘लिक्वीडेसन’ (दिवालियापन) के केस में दिए गए अपने पूर्व आदेश को समाप्त करते हुए 50 हजार रूपये का जुर्माना कलोनाइजर पर लगाया है व आगे भी जांच के आदेश सीआईडी/अपराध शाखा को दिए हैं ।
2. दिनांक 3.10.2008 के उक्त आदेश की कापी मिलना शेष है व अगली कार्रवाई उसके उपरांत की जाएगी।
3. थर्ड पार्टी से वेकेट करवाने के मामले में फोरम जरूरी कानूनी सलाह के तहत कार्रवाई कर रही है व जल्द ही हमें इस मामले में राहत मिलने की संभावना है।
4. इस बीच आपकी फोरम की डीटीसीपी, चंडीगढ़ के साथ पैल्डिंग केसीज पर भी करवाई जारी है।
5. जिन सदस्यों ने 50/-रूपये प्रति वर्ग गज के हिसाब से धनराशि अभी तक जमा नहीं करवाई है वह जल्दी जमा करवा दें । जिसकी कि पिछले परिपत्र में विस्तार से जानकारी दी जा चुकी है।
6. जिन सदस्यों ने वार्षिक शुल्क आदि के बकाया जैसा कि पिछले पत्र दिनांक 11.6.2008 में दर्शाए गए थे उनका भुगतान यदि अभी तक नहीं किया हो तो कृपया कर दें।
7. हम आपका ध्यान दिनांक 2.10.2008 में प्रकाशित “टाइम्स ऑफ इंडिया” के न्यूज आईटम की ओर आकृषित करना चाहेंगे । जिसके अनुसार बिल्डिंग प्लान (नक्शा) व मकान बनाने के नये नियम लागू होने की जानकारी हरियाणा सरकार द्वारा दी गई है । जिस पर आपकी कार्यकारणी ने उक्त बैठक दिनांक 5.10.2008 को विचारविमर्श किया व निर्णय लिया कि प्रत्येक सदस्य को भी अपने व्यक्तिगत प्लाट की सुरक्षा करने का पूरा अधिकार है व बिल्डिंग प्लान के मामले में अपने मन मुताविक अपने व्यक्तिगत स्तर पर फैसला लेने के लिए स्वतंत्र है।
8. जैसा कि आपको पहले भी आगाह किया गया है कि कुछ स्वार्थी तत्व हमारी फोरम के सदस्यों से प्लाट के मूल कागजात आदि हथियाने के लिए संपर्क कर रहे हैं जिसके लिए वे उनमें आशंकाएं पैदा करने की कोशिश करते हैं, डराते हैं व छुट-पुट प्रलोभन भी देते हैं । जबकि हमारा मानना है कि आपके प्लाटों की कीमतें निकट भविष्य में आसमान को छूएंगी। ऐसे संक्रमण काल में आपकी सर्तकत्ता ही आपके प्लाट को बचाएगी । यदि कोई सदस्य ऐसे तत्वों के चंगुल में फंस गया है तो इसके लिए फोरम को सूचित करें।
9. एक अन्य प्लाट होल्डर सोसायटी द्वारा सुप्रीम कोर्ट में डाले गए केस की सुनवाई दिनांक 14.10.2008 को होनी है । आपकी फोरम ने उक्त केस पर पूरी नजर रखी हुई है व उक्त केस का फैसला एक-दो सुनवाईयों में हो जाएगा व जारी आदेश हम पर भी लागू होंगे।
हमें अपने देश की कानून व्यवस्था पर पूर्ण विश्वास है व हमारे केस में कानून अपना काम बखूबी कर रहा है । देर ही सही पर कानूनी शिकंजा क्लोनाइजर व उल्लंघनकर्ता/सरकारी तन्त्र आदि पर कासता जा रहा है । अत: अब हम बहुत जल्द न्याय प्राप्त कर लेंगे।
आपसे तुरन्त संपर्क साधने हेतु आप अपना वर्तमान पता, फोन नम्बर व ई-मेल पता फोरम को अवश्य नोट कराएं । आपकी कार्यकारिणी आपके लगातार सहयोग व विश्वास का धन्यवाद करती है।
आप सभी को दीवाली व अन्य त्यौहारों की शुभकामनाएं।
(राकेश वर्मा)
सचिव
नोट: उक्त सूचना अग्रेजी रूपांतरण् का आंशिक हिन्दी पर्याय है ।
2. कलोनाइजर के लिक्वीडेसन (दिवालियापन) से बाहर निकलने का प्रचार और से भी करें । कृपया अपने आप व अपने परिचित संबंधियो-साथियो जिनके उक्त कालोनी में अलाटिड प्लाट है को कुछ निजी स्वार्थी एसोसियशनो व एजेंटो के चंगुल से बचाए । हमारे लिये एक-एक सदस्य फोरम की शक्ति है व एक भी सदस्य के टूटने से फोरम का मिशन कमजोर पड़ता है अत: ऐसी स्थिति में फोरम से सम्पर्क साधे ।
Extract Times of India Dated 02.10.2008
Build now, approval later: Haryana Chandigarh:
Individual home builders and developers across Haryana, especially in the booming townships of Gurgaon, Faridabad, Rohtak, Panipat and Panchkula, can start construction work of buildings or houses without having to first get approval from the town and country planning department – or chasing babus playing hard to get.The landmark policy move, a top Haryana official said on Wednesday was aimed primarily at cutting red tape and reducing corresponding corruption. It came after a go-ahead from chief minister Bhupinder Singh Hooda. “All that builders will have to do henceforth is get self-certification of their plans.” He said. S.S. Dhillon, director, town and country planning department, confirmed the move even as senior town planner Jaswant Singh said “After this, plot owners can simply submit a building plan drafted by any registered architect. “The notification will allow people to start construction of houses, commercial establishments and IT complexes without waiting for time-consuming and bother-some approvals from various government department.So steeped in corruption and red tape is the process that even if all goes well, it takes at least three to four months to complete bare formalities with officials seeking initial reports from field in spectors and the engineering wing about the proposed construction. All this while they wait for their “Servicve charges”.Under the new rules, people would be able to start construction even as they simultaneously complete formalities. In case of major construction, they will have to submit building plans before casting the roof of the ground floor.
Extract Times of India Dated 02.10.2008
Builder fined for fielding dummy petitioner
New Delhi : A private firm which hide facts and put up a dummy petitioner against it in court has been fined by Delhi High Court (HC), which has also ordered a crime branch probe into this affair.
Justice Gita Mittal in a recent order asked the crime branch to investigate if the firm, Durga Builders Pvt. Ltd., fielded a fake petitioner in court to convince HC that the company was bankrupt.
HC asked the crime branch to trace the original petitioner, Manjit Kaur, on whose behalf the petition was filed in court.
“Material facts and documents have been deliberately concealed by the management. Valuable time of the court has been wasted while compliance of judgements of several courts has been unfairly delayed.” Justice Mittal observed in her order, while slapping a fine of Rs.50,000/- on R.K. Nanda and Promila Nanda, directors of the firm.
Manjit Kaur had initially approached HC through a lawyer claiming Durga Duilders owed her an outstanding amount of nearly Rs.10 lakh for enjoying security services provided by her company. When despite several notices, the company failed to pay, Kaur claimed she was seeking winding up of this firm
On its part both directors readily admitted they suffered a financial crunch and even showed how Rs.25,000/- had already been paid to Kaur. Subsequently when no payment could be made, HC appointed an official liquidator to oversee winding up process.
It was at this stage that several creditors moved HC, informing it that the firm had been paid money towards booking of plots and was now trying to escape liability of returning it. They also drew HC’s attention to how earlier another HC judge has ordered crime branch to trace Vishesh Jain, who filed a similar winding up petition. “both Jain and Kaur are non-existent persons set up by the firm in order to defeat the genuine claims of the creditors,” argued Vijay Aggarwal and Rakesh Makhija, lawyers for applicants.
