Resolve issue of the society through Sharma Commission Report and Court judgment thereon

Website will help the members for update information.Our view is that we all are sufferer from 1986 onwards. All respected members are aware during the past several years for how many times our society was in the hand of government. The society has reached in its destruction stage due to the negligence/callous attitude of government officials. The motive of the bureaucrats is just to pass on their period of stay and move on to next posting. The development and streamlining can only be done by elected body. There can be occasions when elected members could not maintain unity which resulted to government control. But being a sufferer we should be more serious for election instead of criticism and pulling the legs of each other. Forum will fight for all the members. This is right time for maintaining unity and forget the past.

Our forum is of the opinion that society has potential to develop better than best colony of Delhi.

1821 plots area ranging from ews,100,250,500,700,1250 sy

WE HAVE CRECHE MEASURING 1952 SM

HIGH SCHOOL   5.5 ACRE

COMMUNITY CENTRE 2.5 ACRE

LOCAL SHOPPING CENTRE  2

PRIMARY SCHOOL  14 MEASURING 1000-2000 SQM

Sufficient space for hospital and temple in our approved lay out plan of the colony.

Preamble to the Haryana Co-operative Societies Act, 1984 “to consolidate and amend the law relating to co-operative societies and to facilitate the voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies in the State of Haryana and for matters connected  therewith and incidental thereto.”

That the co-operative  sector, over the  years, has made significant contribution to various sectors   of national economy and has achieved voluminous growth. However, it has show weaknesses in safeguarding the interests of the     members and fulfillment of objects for which these institutions were organized. There have been instances where elections have been postponed  indefinitely  and  nominated  office  bearers     or administrators remaining in-charge of these institutions for a long time. This reduces the accountability of the management of co-operative societies to their members. Inadequate professionalism in management in many of the co-operative institutions has led to poor services and low productivity. Co-operatives need    to run on well established democratic principles and elections held on time and in a free and fair manner

Membership

Sharma commission Report has classified membership into Genuine and Non Genuine members.

Our forum is of the opinion that NGM be further divided into two. One those who got plot registered in the society, their case is SUBJUDICE in the High Court and we need not to comment.

Other NGM members aggregating 2838 are victim of the system and they are sufferers. Whatever misdeed happened in the society that was due to connivance between then Managing Committee and official of Cooperation department and audit department who never pointed out such glaring irregularities in their audit report. They deserve justice and their case be considered sympathetically.

Members bearing 8701 -9200 membership also deserve better treatment as their name is listed in the membership register. As per section 40 of the Haryana Cooperative Society Act,1984 they are genuine members.

It is land which is real issue. As on date society does not have an inch of unencumbered land. Government has acquired nearly 150 acre of land.

We have legal right over land & Government should release it.

GENUINE  MEMBERS  AS PER SCR

1895 have balance at less than 775 psy ,refund be made to them.

2070 have balance between 775 and 2100 rupees.

2034 have balances 2100 or above.

5999 genuine members have credit balance.

547 plots  registered  to genuine members.

Thus 2070+2034-547=3567 Genuine members need to be accommodated.

NON GENUINE MEMBERS AS PER SCR

638     plots registered to non-genuine members.

172     plots registered to untraceable—whose details are either not available or whose names and membership numbers do not match .

27      Registries  from serial number 8701-9200

2163   Members who have paid at Rs 2100 & above psy and 584 Non genuine members have been registered plot.

945     Members have paid between  Rs 775 & 2100. And 37 plots have been registered.

2163-584+945-37=2487 ngm to be accommodated.

8701—9200

124   Have deposited Rs 2100 psy

24 have registries.

251  have deposited between Rs 775 to 2100.

Thus total 2487+351=2838 NGM members.

6405 = 3567+2838 members in all are to be accommodated.

SCR observed that Managing Committee approval was not obtained for enrolling membership after 23.11.1995, hence members made after that date are not genuine member.

But our forum is of the opinion that-

1. The person has acted in the good faith and he did not know about the internal arrangement of the society.
2. In consonance to Section 25 of the Haryana Cooperative Society Act,1984 & Madhya Pradesh High Court

Mishrimal vs District Co-Operative Grower’S … on 21 July, 1960

Equivalent citations: AIR 1961 MP 40 judgment which states that the final authority in a cooperative society shall vest in the general body meeting of members and as law permits and if land is made available for them, all members who have been classified non genuine (except those who got registered plot and case is subjudice), their approval  be  obtained from General body meeting and be accommodated in vertical.

Date  Particulars

31/03/1983        A certificate of registration was issued to the petitioner society by the Registrar, Cooperative Societies, Haryana showing the petitioner was duly incorporated and registered under the Punjab Cooperative Societies Act, 1961 (as applicable to the State of Haryana).

The petitioner society has over 6000 members, all belonging to the lower middle/middle income group of the society having no residential accommodation. The society was constituted and registered with the primary object to purchase or acquire land by lease, exchange or otherwise and to undertake the development of land for provision of housing sites to its members.

02/10/1989        The petitioner society framed its own bye-laws and the same were adopted in the General Body Meeting of the petitioner society. The said bye-laws had been duly approved by the competent authority.

17/01/1991        The Deputy Registrar, Cooperative Societies granted the permission to the petitioner society under the provisions of Haryana Cooperative Societies Act, 1984 to purchase 760 Bigha=475 acre land with a view to provide houses to its members on “no-profit-no-loss” basis in consonance with the objectives of the petitioner society.

09.06.1993         In order to fulfil the objectives enumerated in the bye-laws to provide residential sites/houses to its members, the petitioner Society applied to Town & Country Planning,Chandigarh  under the provisions of the Haryana Cooperative Societies Act for grant of licence to set up a residential colony on the prescribed form LC-I, as provided under rule 3(1) of the Rules framed under the Act.

Petitioner society along with the requisite documents had paid a sum of Rs.10,000/- through demand draft for the grant of licence and a sum of Rs.87,000/- towards scrutiny fee @ 15 paise per square meter for an area of 142 acres approximately.

30/06/1995        Director, Town & Country Planning, after scrutiny of the application and upon the petitioner society fulfilling the requirements prescribed by  Government, granted Licence No. 3 of 1995. The licence was granted for 115.86 acres of land to develop 950 plot of various size.  The colony regarding which the licence was given forms part of Sector 53 and 54 of the development plan of the controlled area, Gurgaon

30/07/1998        In the meanwhile Deputy Registrar, Cooperative Societies Gurgaon in his letter to the Assistant Registrar, Cooperative Societies granted the permission to the petitioner societies under Section 89 of the Haryana Cooperative Societies Act, 1984 for purchase of 500 acres of land to the petitioner society. As such, the petitioner society had purchased the land for development of the residential colony and its extension after getting the due permission in accordance with law.

07/01/2000     Town and country Planning, Haryana has granted the licence for an additional area of 100.526 acres out of 192 acres vide licence No. 1 of 2000 to develop 821 plots of various size. The request for grant of licence for the remaining land measuring 91.5 acres approx. is still pending with State Government alongwith the licence fee of Rs. 92 lacs.

Thus society has permission to develop 1821 plot in Wazirabad Village, Gurgaon.

The petitioner society had already developed the licence area of 115.86 acres and completion certificate in respect thereof has been obtained from Town & Country Planning, Haryana.

Government has acquired about 150 acres of land of the society.

Out of 1821 plots in the licenced colony,1500+ plots have been registered to members.

274 plots of various sizes are available for allotment

The plot  wise breakup is as follows

Sy yard                                                        No

100                                                               78

250                                                             170

500                                                               24

700                                                               00

1250                                                                 2

That the Joint Registrar, Cooperative Society Haryana, Panchkula on 7.10.2019 in petition No.41/2016 set aside election of the respondent society on 12.6.2016 and observed that:-

“Government of Haryana vide notification No. 3266-C-6 2016/6358 dated 6.6.2016 constituted a commission under the Chairmanship of Sh. S.P. Sharma IAS (Retired) to sort out the issues related to the membership of the society and the report submitted by the Commission has been accepted by the Government and same has been sent to ARCS, DRCS Gurgaon and Society for its proper implementation. The society has also accepted the commission report and resolved to implement the same in letter and spirit and also as per reply of the ARCS, out of the total 2606 votes who were listed in the voter list for the election of the society held on 12.6.2016 approximately 53% are non member of the society.”

The Registrar office vide letter No. GA-3/2018/ 1/8720 dated 17.12.2018 further directed respondent society to implement the commission report.

31.10.2013    Hon,ble Panjab & Haryana High Courtg on 31.10.2013  passed final order/judgment in Civil Writ Petition No.13129 of 2001 and Civil Writ Petition No.7880 of 2002. Till date society has not filed appeal against these IMPUGNED judgment.

17.01.1991   The Society got permission from  Deputy Registrar, Cooperative Society, Gurgaon to purchase  760 Bigha  land under section 89 of the Haryana Cooperative Society Act vide endst, no 234/GA/am/  Wazirabad,Gurgaon.

09.06.1993   Society applied for licence under Rule no 3 of the Haryana Development and regulation of urban Areasrules,1976 for the land measuring 140.00 acres of land

30.06.1995   DTCP granted licence no 3/95 vide endorsement no 5 DP-95/7640-49 dated 04.07.1995 in village Wazirabad ,Gurgaon under section 3 of the Haryana Urban Areas(Development and Regulation) Act,1975 and rules framed there under to develop 950 plots on 115.86 acre of land .

09.01.1997  Administrators appointed by Assistant Registrar, Cooperative Society, Gurgaon vide endst No 178-89 dated 09.01.1997 for six months or till the committee is constituted whichever is earlier.

04.09.1997 Managing Committee elected vide Assistant Registrar,Cooperative Society, Gurgaon office endst. No 537-41 dated 04.09.1997

33.44 acre sector 43 award of LAC   06.09.2000  cwp 13129/14.08.2001

08/09/1997  Land Acqiuistion Officer, Gurgaon  issued notification under Section 4 of the Land Acquisition Act, proposing to acquire land for the public purpose namely for the development and utilization of land for residential, commercial, institutional and open space area under the Haryana Urban Development Act, 1977 by the Haryana Urban Development Authority in the area of village Kanhia, Hadbast No. 73, Village Wazirabad Hadbast No. 75, Village Chakerpur Hadbast No. 74, Village Sikander Gosi Hadbast No. 68, Tehsil and District Gurgaon. In this notification, land measuring 33.44 acres (approx) belonging to the petitioner society and forming part of Sector 43 was included for acquisition.

06.10.1997 Society applied  for another licence 192 acre of land in village Wazirabad, Gurgaon.

That since in the licenced colony of 115.86 acres only 950 residential plots could be carved outas against 6000 plots for its registered members, the society made another application dated 06.10.97 in the form prescribed LC-1 for grant of licence for another 192 acres of land in the revenue estate of Wazirabad, Gurgaon. The licence fee of Rs 1.92 Crores was also deposited with the application vide demand draft no 002469 dated 27.09.1997. The prescribed scrutiny fee was also paid. 33.44 acre sector 43 award of LAC  06.09.2000  cwp 13129/ 24.08.2001 Objection filed u/s 5

06/10/1997  After the issuance of notice under section 4 of the Land Acquisition Act by the respondent No. 1, the petitioner society, on 06.10.1997  through its Chairman filed objections under Section 5-A of the Acquisition Act before  authorities.. It was specifically pointed out in the objection that licence had already been granted for an area of 115.86 acres and that the petitioner society had applied for the grant of licence in the application LC-1 dated 06.10.1997   for an additional area of 192 acres for the extension of colony and a part of the that Land measuring approx. 33.44 acres belonging to the petitioner society which forms part of Sector 43 of the development plan of the controlled area, Gurgaon has been included in the acquisition .   Moreover it was also mentioned in the objection that the purpose for which licence was sought by the petitioner society was the same for which the land was being acquired.

30.08.1998  Deputy Registrar, Cooperative society, Gurgaon granted permission to purchase 500 acres of land under section 89 of the Haryana cooperative society Act.

07.09.1998   Notification under section 6 of the Land Acquisition Act was issued on 07.09.98”.

Grant of second licence

07/01/2000 DTCP   granted the licence vide endst, no 5 DP-2000/226 dated 07.01.2000  on 100.526 acre of land in Wazirabad village, Gurgaon. for an additional area of 100.526 acres out of 192 acres vide licence No. 1 of 2000. The request for grant of licence for the remaining land measuring 91.5 acres approx. is still pending with respondent No. 3 alongwith the licence fee of Rs. 92 lacs.

33.44 acre sector 43 award of LAC  06.09.2000  cwp 13129/ 24.08.2001

06.09.2000   Award was made by Land ACQUISITION Collector but  there is no reference of objection filed by society. Extract of replication dated 05.12.2001 in cwp 13129/2001  “Petitioner filed objection on 06.10.97. Notice was sent to the petitioner vide No 17.09.98 but did not appear on the date of hearing. Land Acquisition Collector sent his report alongwith the objection to the appropriate Government for decision. The Government decided to acquire the land and the Notification under section 6 of the Land Acquisition Act was issued on 07.09.98”.

In the above CMA page 3 point 7 It is submitted that the land of the petitioners bearing  khasra no 16,20,17,19,21,25,22,23,24,28,26—3/8,27,29,30,118,123–,90,91,99,100,102,103/2,104,105,109,110,364–,115,112,113,116–98,117,120,115,121,  —.,     Without considering the objections of the petitioner society and without affording it an opportunity of personal hearing,  Land  Acquisition Collector, issued notification under Section 6 of the Land Acquisition Act and the land of the petitioner society was included in the acquisition.

As per principle of natural justice society objection was not heard and considered as such award is liable to be dismissed on this point.

Land releasing policy, Haryana government

Memo No. 5/30/2007-2TCP

Dated: 24.01.2011   from Director & Country Town Planning, Haryana Government

3. Any land in respect of which an application under Section 3 of the Haryana Development and Regulation of Urban Areas Act, 1975 has been made by the owner prior to issuance of Section 6 for converting the land into a colony may also be considered for release subject to the condition that ownership of the land is prior to the notification under Section 4 of the Act. In case, individual land owner makes application for grant of licence in collaboration with the developer/colonizer, the collaboration agreements should be registered before the Registering Authority before issuance of Section 6 notification. This clause will be made applicable on the applications received after this policy has come into effect.

Provided that the Government may release any land on the grounds other than stated above under Section 48(1) of the Act under exceptionally justifiable circumstances for the reasons to be recorded in writing.

4. This policy will come into force with immediate effect 33.44 acre sector 43 award of LAC  06.09.2000  cwp 13129/ 24.08.2001

Notification issued u/s 4  on          08.09.1997

Objection filed u/s 5                        06.10.1997

LC-1  Licence application filed     06.10.1997

Notification issued u/s 6    on      07.09.1998

As land was acquired much before 08.09.1997, it meets all parameter of releasing policy and hence land be released.

Copy of all jamabandi are on record to show that land was purchased before notification u/s 6 of the Act.

15.11.1999                                                                                                                                        Page 55 of the cabinet CMM note

30. C) Capacity to develop the colony : The society has already been granted licence No 3 of 95 dated 30.06.95 for an area of 115.86 acres. The society has completed the internal development work in the said licenced area as they have applied for issuance of completion certificate. However application being not complete has been returned to the society. The society with his application has submitted a certificate issued Union Bank Of india, Ansari Road, New Delhi according to which an amount of Rs 45.988 crores is balance credit as on 26.09.97in their account. Moreover as per the record of this office the society had deposited the full amount of EDC alongwith interest/penal interest against the earlier licenced area.thus the financial capability to develop the colony on the proposed land of the society can be considered sound enough.

 

22.11.1999       Page 65 of cabinet CMM note

As per existing policy approved by the CMM, Cooperative Societies cannot be issued licences except in low potential areas. Gurgaon being high potential zone, the matter was referred to LR who opined as under:-

“ Keeping in view the existing policy for grant of licence, a licence cannot be granted to M/s Saraswatikunj Co-operative SocietyLimited,Gurgaon, even for additional continuous area, because the  Gurgaon town is not covered in low potential Zone. Since it is a policy matter as stated in note of A.D. decision be taken at level of Government,”

 

15.12.1999

Page 72 of cabinet CMM note

“In pursuance of the orders of the Hon,ble CM Haryana on  N  /66,the matter of relaxation in the policy to grant the above said licence to The Saraswati Kunj Co-operative House Building Society limited as a special case was placed before the Council of Ministers in its meeting held on 14.12.99. As proposed in the memorandum placed at F/A, the CMM approved the proposal and conveyed the same vide U.O. No 9/370-2 Cabinet-98 dated 14.12.99 which may be seen   at F/B’’

“As pointed out earlier, since the licence application of the Society for the additional contiguous area fulfils the requirements of provisions of the Haryana Development and Regulations of Urban Areas Act 1975 and Rules framed there under and the CMM has also relaxed he policy of the Government with respect to the grant of licence to this society as a special case, therefore before the grant of the licence internal concurrence of the Government may be obtained.”

 

Reference be made to Ghaziabad Sheromani Sahkari Avas Samiti AIR 1990 Supreme Court 645 whereas court observed

“ members of the co-operative societies should not be denied residential accommodation for which they had taken effective steps before the acquisition for the development authority was notified.”

 

Our comment-

From extract of note CMM page 55,

“ society had deposited the full amount of EDC alongwith interest/penal interest against the earlier licenced area. Thus the financial capability to develop the colony on the proposed land of the society can be considered sound enough.”

From the specific permission given by CMM,it is inferred that so long society satisfied of provisions of the Haryana Development and Regulations of Urban Areas Act 1975 and Rules framed there under, society will get licence for the 760 Bigha  land granted permission by Deputy Registrar, Cooperative Society, Gurgaon under section 89 of the Haryana Cooperative Society Act,1984.

Project of Licence no 3 of 1995 for 950 plots and  1/2000 of Part-2 for 871 plots was completed and all Government dues of External development Charges and Licence was paid to the Government.

Society had started allotting of  plots in Part-1 from 06.09.1999 and giving possession  of plot  from 15.02.2000 and in Part-2 from 26.09.2003.

Out of 1821,members got registration of  1487plots.

As permission granted to purchase 760 Bigha land from different land owners through market mechanism and there is no compulsion on the land owners to sell land to society, land is purchased in phases and licence is also sought in phases. Society had been following all terms & conditions of permission letter as granted by Deputy Registrar, Gurgaon applying for licence under section 3 of the Haryana Urban Areas(Development and Regulation) Act,1975 and rules framed there under.

Society was gearing up and organized to apply for another licence for members. It had collected funds from members and was in good financial capacity and it can be concluded that society was taking effective steps for conceiving, planning, raising funds from members, executing development plan of the project and giving  allotment/possession to members before the acquisition of development authority was notified.Thus acquisition is violative of Hon,ble Supreme court Judgment in Ghaziabad Sheromani Sahkari Avas Samiti AIR 1990 Supreme Court 645.

Page 18 of first report scr

While on the one hand the state of Haryana was granting licences to the society for carving out plot to its members, simultaneously, on the other hand it had initiated the process of compulsory acquisition of the society land for HUDA.

Page 21 of first Sharma Commission  report

Since the purpose of both the organizations was the same, that is, allotting plots to people, the society to its members HUDA to the general public, the view that this Government should not have acquired the land of the society certainly has a lot of merit.

Page 23/68 of first report

“It was pointed out by Sharma Commission that the administrators would be expected to address the problems of wrong doing of the Society that led to the supersession  of the elected Managing Committee in the first place, put the society working on the right track but it does not appear to have happened here..

The Government appointed Administrators who were senior officers of the government of Haryana posted at Gurgaon after their two long stints, one of about two and half years  and the other of slightly over six years, after elections in the society to elect a new Managing Committee, appear to have handed back the Society to the elected Managing Committee just it was before they took charge,or perhaps in worse shape, without either having addressed any problem of the society or without either having given the Society any sense of the direction that is should take towards a resolution of its problems.”

Page 31/38 of second Sharma Commission report

Recommendations

Right there wrongs that have been committed in the past

Page 35/38 of second Sharma Commission  report

The government releases the land of the society that it has acquired over the years.

Sharma Commission report also says acquisition of land was unfair and its report has been accepted by the government.

Notification LAC(G) NTLA 2000/534 dated 24.08.2000 u/s 4 of the Land Acquisition Act,1894.

Notification no LAC (G) –NTLA-01/596 DATED 22.08.2001 U/S 6 OF Land Acquisition Act,1894.

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

Administrators appointed vide Assistant Registrar Office endst. 6806-18 dated 01.12.2000 and Managing Committee elected vide office endst. No RK1/ARC/4465-67 dated 05.09.2002.

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

Urban Estate, Haryana government issued notification No LAC(G)/NTLA_2005/1151 dated 20.06.2005 under section 4 of the Land Acquisition Act,1894 to acquire land1894in Sector 52A,53,54..

On 19.06.06 notification LAC(g)-NFLA-2006/1249 u/s 6 declared for notification.

Award made on 22.02.2007.

Assistant Registrar, Cooperative society vide office endst, no RK 1/ARG/4425-34 dated 29.11.2004 suspended Managing Committee of the society.

Managing Committee elected vide Assistant Registrar, Gurgaon order dated 18.03.2007.

29.06.2006  objection was filed by Dr Avtar singh I A S,Commissioner, Gurgaon division and administrator  of the society to

The Commissioner-cum-Administrator of the society vide communication no 18 dated 29.06.2006 wrote to the Director,Town & Country Planning,Haryana that the for release of 124 acres of land of the society.

When above notice was issued society had good financial position having more than one hundred crore rupee in the account of society with Union Bank of India , Ansari Road, Delhi  and had paid all EDC Charges to Government.

The elected Managing Committee   of the society was restrained by unwarranted suspension orders of Assistant Registrar, Cooperative Society, Gurgaon on trivial issues which as per Sharma Commission Report still  exist on date. Members of the society are being penalized for inaction of Board Of Administrators. But in conforming to Hon,be Supreme Court Judgment was taking effecting steps to develop society and hence does not deserve acquisition of land.

So Government should release all land acquired by Government.

. Khasra no          from petition                from hariram                         u/s6

 

Total 711-03=711.15=88.8935acre

Original Jamabandi of above land aggregating 88.89 acre arranged and handed over to advocate for onward submission to High Court.

If above land is released, it is sufficient to cater the needs of pre as well as post 96 members on vertical basis.

Lay out plan of institutional Area of the society