Chairman, Gurgaon
The Board of Administrators, 26.02.24
Saraswatikunj Cooperative House Building Society, Gurgaon.
Subject—Election in the Saraswatikunj Cooperative House Building Society, Gurgaon – Panjab & Haryana High Court judgment
LPA 424/2023—Interim judgment 09.11.2023 & 11.01.2024
Please refer to Hon,ble High Court judgment dated 09.11.2023 wherein State counsel stated that a fresh voter list of the members of the society would be published within six weeks from that day.
As next date of hearing is on 28.02.2024, please ensure voter list is published by before that date as per Haryana Cooperative Society Rules,1989Appendix A Election rule 35 by Returning officer.
Yours Sincerely
N K Bhutani
Membership no 7285 28 Friends Apartment sec 9 Rohini Delhi 110085
7982928766 email:nkbhutani28@gmail.com Aadhar 5438 8807 8867
Election of Managing Committee of the Society
Our society was registered on 31.03.1983 and we had Managing Committee elected till 19.08.1992. We had Administrators appointed on
Year month day
1.09.01.1997 to 04.09.1997. 0 8 25
2.01.12.2000 to 25.09.2002 1 8 25
- 29.11.200 4 to 18.03.2007 2 3 20
- 30.04.2010 to 13.06.2016 6 1 13
- 18.10.2019 till date(31.12.2021) 2 2 14
11 22 97
Or 13 years 1 month 7 days
IN CWP 7880/2002 CMA by Respondent dated 17.02.2003
Page 3 para 9
Land in khasra no 1159,1166,1170 of ½ share 1159,1166,1170, 1263,1264,1265, 1293-94, 1222/23,1243,1169,1183,1193,1196,997,1128,1195,1184,1307,1348,1349,13
Award of LAC 21.07.2003 55 acre cwp 7880
Compensation awarded Rs eight to ten lacs per acre
Cwp 17545/02.11.2007 Award 22.02.2007 124 acre
We lost CWP 7880/2002 ,13129/2001in the High Court simply for the reason that society never submitted land ownership documents to the Court.
Our nominated Board of Administrators did not file objection u/s 5 of the Land Acquisition Act. In either case this has made our position very vulnerable in the court.
Land Acquisition Officer has awarded land compensation at the rate of Rs Eight lacs per Acre whereas looking to present market conditions it should have been ten to Twenty Crore per acre.BoA is not taking any concrete action in seeking enhancement in land compensation amount.
Nothing has been done on the development of licenced site area. There is no road, sewerage, water etc in the society.
PERUSAL OF ABOVE SHOWS THAT NOTHING WORTHWHILE HAS BEEN DONE BY THE BOA TO MITIGATE GRIEVANCES OF MEMBERS.
Although we have mountain of problems but nothing has been done to assuage any grievance.
Should it be continued or we have elected Managing Committee to take care of needs.
When the law of land is clear and Hon,ble High /Supreme Court also held that Government has no power to extend tenure of BOA, why should we be deprived our right as envisaged in the Constitution.
The principle of representative democracy is the election of representatives by the people otherwise eligible to cast their vote and the people thus elected, constituting the body for the management of an institution. Thus, in the case of cooperative societies, after the amendment in the Constitution, there has to be a Board of elected representatives, which may be called Board of Directors or Governing Body or a Managing Committee, etc.,to which the members entrust the direction and control of the management of the affairs of the society.
N K BHUTANI
Our society was registered in 1983 and since then 38 years has passed but till date there is no sign when it will fulfill dreams of members. Society had acquired 475 acre of land and had got licence 3/95 for 116 acre and 1/2000 for 100 acre of land for development. Nearly 150 acre land was acquired by government and residual 125 acre land none knows its where about. Such is pitible affairs of the society no efforts were mad to search out missing land and no sincere efforts were made to fight land acquisition petition 13129 and 7880 in the high court and consequently High court dismissed petition of society for the want of land ownership documents. For the reason best known to then management committee our petition remained uncontested and we lost our land. Management committee never disclosed the fact that society does not own an inch of unencumbered land. Fact is that they were never interested nor capable to resolve intricacies of society.
Now at this moment there is too much desperation,frustration among members .
It is time to get rid from mafia self styled leaders and accept reality. we be united take concrete efforts to get land returned back from Government and accomodate maximum members in vertical.
NK Bhutani
Time and again, Hon,ble High Court and Supreme Court held that democratic representation in the management of affairs of society is essence of law. But still some persons motivated by their personal interest oppose election Basically they have lost confidence of members and don’t enjoy support but to hijack society maliciously by adopting unfair means they oppose election. However we are endeavouring all our efforts in positive direction and hope Government will conduct election.
n K bhutani
Dehli Government granted registration to the forum and consequently meeting of Board of trustee happened on 19.12.2021at New Delhi.
The following were elected unanimously as–
1.Mr Anil Sharma –President
2. Mr Prem Gogia– Vice President
3.Mr . Brij Mohan Bhatia, Secretary
4. Mr.Pardeep Kumar Nigam , Treasurer
Further, Ms Purnima Sadhana was appointed official spokesperson and Mr Dinesh Kaushal, Media Advisor of the forum.
Hope with these responsibilities forum will act in more effective manner.
N K Bhutani
On 14.11.2021 Sunday
We met Dr Banwari Lal, Hon,ble Cooperation Minister at his home office, Bawal, Rewari.
We emphasised the Minister to implement Sharma Commission Report, Release l acquired land,to conduct election in the society, Nomination,Transfer of membership as per Haryana Cooperative Act & Rules. Hon,ble Minister gave us patience hearing and told us haryana Government has already seizes the problems of the society. He told us Government is contemplating to release land to accomodate all pre or post members in vertical,implementing SCR,will hold election in due course of time.
N K Bhutani
Anil Sharma
Parween Sood
Madhusudhan Sharma
P K Nigam
Hon,ble Cooperation Minister, Rewari
Haryana 14.11.2021
Respected Sir,
Re- Sharma Commission Report & Election in the Society–Saraswatikunj Cooperative House Building society, Gurgaon
1.Page 37 of 38
It is, therefore suggested that a dedicated group of officers, they could be serving or retired, be constituted to implement the recommendations of this report.
This group should work on a full time basis and who should report directly to the Registrar, Cooperative Societies, Haryana, or to the Administrative Secretary of the Department of Cooperation.
They should be given a reasonable time frame of say one to three years to implement this report.
Now almost three years has passed.
Haryana Government has accepted Sharma Commission report and Registrar, Cooperative Society vide his letter dated 17.12.2018 has directed society to implement Sharma Commission Report.
Haryana Government vide memo no Gen/GA-3/2019/15173 dated 18.10. 2019 has constituted Board of Administrators consisting of Deputy Registrar, Cooperative Society, Gurgaon and three senior IAS officers. The BOA tenure was extended from time to time and till date functional.
But neither Society nor Registrar, Cooperative Society office is not taking any tangible action to implement Sharma Commission report.
2.Non-compliance of Hon,ble Panjab High Court Judgment—
Saraswatikunj Cooperative house building society
“In CWP-19556-2021 Upon hearing learned counsel of both the sides and on perusal of the records, the present petition stands disposed off with the directions to the official respondents to consider the representations dated 14.11.2019, 13.01.2020 & 06.06.2020(Annexures P-2, P-3 and P-5, respectively) moved by the petitioner and decide the same in accordance with law, by passing a speaking order preferably within a period of one month from the date of receipt of the certified copy of this order.”
- The routine request of members for transfer of membership to nominee on the death of member as per section 23 of the Act, change of nominee as per Section 21 of the Cooperative Society Rules, refund to members as per Sharma Commission Report are not properly attended and members are harassed.
PRAYER
1.Implementation of Sharma Commission Report and
- Compliance of Panjab High Court Judgment in CWP 19556/2021and conduct election in the Society.
- Transfer of membership in accordance to section 23 of the Haryana Cooperative Society Act ,change of nominee as per rule 21of cooperative society and Refund to members as per Sharma Commission Report.
Yours sincerely,
N K Bhutani 7982928766
Parveen Sood 9310256663
Anil Sharma 8800002270
P K Nigam 9910116740
MS Sharma 9810578200
CM Window 08.11.2021 REGISTERED ON 11.11.2021 GRIEVANCE NO CMOFF/N/2021/105036
Date of decision: 28.09.2021
Hon,ble Chief Minister, Delhi
Haryana 08.11.2021
Respected Sir,
Re– Non-compliance of Hon,ble Panjab High Court Judgment—
Saraswatikunj Cooperative house building society
“In CWP-19556-2021 Upon hearing learned counsel of both the sides and on perusal of the records, the present petition stands disposed off with the directions to the official respondents to consider the representations dated 14.11.2019, 13.01.2020 & 06.06.2020(Annexures P-2, P-3 and P-5, respectively) moved by the petitioner and decide the same in accordance with law, by passing a speaking order preferably within a period of one month from the date of receipt of the certified copy of this order.”
The official respondents are
- Additional Chief Secretary,
Cooperation Department, Haryana .
2.The Registrar,
Cooperative Society, Haryana
- Deputy Commissioner, Gurgaon/ Chairman, Board of Administrators,
Saraswatikunj Cooperative House Building Society ,Gurgaon
Yours sincerely,
N K Bhutani
Membership no 7285 ex member Managing Committee
28 Friends Apartment sec 9 Rohini Delhi 110085
7982928766 email:nkbhutani28@gmail.com
Aadhar 5438 8807 8867