Sunday's Meeting.......

[Safal Suri]

 

Dear All,

 

Sunday’s GBM took place on time at pre-decided venue. Roughly 50 odd people turned up. Personally, I was expecting double the number. Nevertheless, the meeting took place in a very harmonious atmosphere and a large number of people participated actively and provided their views. Broad spectrum of issues were discussed, including legal issues, current market scenario, political projections and the road ahead.

 

I chaired the meeting and started with a short note on the past, present and possible future of the association. Up till Saturday 45 people had joined the association. On Sunday alone we added 28 registered members. Our total strength now stands at 73 members. Almost half a dozen people have called and confirmed that they will be sending their membership application within this week. That said, there are 1,489 registered members on YEIDA Google Group as of today and YERWA current strength of 73 constitutes little less than 5% of 1489. Some may find this disappointing, I see a lot of opportunity to increase our membership and present a significant and united front to the court, as and when the time comes... which is not too distant in the future.

 

During the course of the meeting the issue of membership came up. There were some who paid for life membership and where still willing to pay more, while, there were some who felt, even though they wanted to pay Rs. 5,000, but paying such an amount in one go will stretch their monthly budget. Therefore, it was decided by majority’s consensus that anyone who has already paid or is going to pay for yearly membership of Rs. 1,000 should be provided an option to pay the balance of Rs. 4,000 over a period of 6 months and thereafter their membership will be converted to life-membership. In regard to this I will move a resolution during the next meeting of the managing committee and inform the forum accordingly.

 

Many people suggested that there maybe some who would want to contribute more than maximum permitted limit of Rs. 5,000. Legally, we cannot accept donations and also we have not mentioned the same in our Memorandum of Association. However, after the meeting was over and everyone had left, 4 members of the managing committee stayed back to discuss and take stock of the day’s proceedings. These included Shri. Nagin Chand, Shri. Anubhav Kapoor, Shri. Manik Goel and myself. During the discussion, Mr. Anubhav suggested that as we cannot accept over Rs. 5,000 per person, anyone who wish to help the association financially should be requested to do so by sponsoring our activities. The willing member may like to pay for the advertisement on behalf of YERWA in national daily or local newspapers, helping us garner more members, or someone can sponsor the lawyer’s fee (partially or completely), or pay for travel/stay expenses during representatives visiting Allahabad/Lucknow, etc.. etc... That said, I am aware that such people will be far and few. However, even if one such person steps in to help, at this stage, it will be a very welcome gesture and much appreciated. There is no secret, YERWA needs money to function. No single person can bear all expenses.

 

Shri. Venkita Subramanian, a lawyer at Supreme Court of India, was also present and joined the association the same day. He was gracious enough to address the gathering and answer questions. I am personally obliged and grateful for him to take time out and present his views. According to him, the situation is really grim and the court can very well take a drastic step in favour of the farmers if we are unable to strongly present our case. I have been saying the same time for quite a while now. He maintains that the courts, not just at Allahabad and Delhi, but across the country are inclined towards the cause of farmers and are taking stringent action against the authorities. In such a scenario, it is upon us (allottee/consumers) to safeguard our interest and present a large and united front. We need to fight the case tooth and nail and leave no stone unturned. To do so, we need maximum number of members. Not only will we need a lot of money to fight such a battle, we will need 1000s of members to show to the court the number of aggrieved and therefore push the court to safeguard our interest.

 

Yesterday evening, while speaking to Shri. Venkita Subramanian on phone regarding the various options that court has at its disposal to decide the case... Mr. Subramanian presented a very interesting scenario. Although such a possibility is remote, one of the options available to the court... in extreme circumstances... is to provide relief to only those who have represented their grievance. That is to say... the court may say that... the X number of people represented by the association and those who have represented individually, maybe provided with physical possession of the plot and rest of plots maybe cancelled and the land returned to the farmers. In such a scenario the court may ask the authority to safeguard the interest of the members of the association and reserve land at a certain point to provide physical possession of plots to those represented by the association and cancel the allotment of those which were not represented. Again, the possibility seems remote as of now and this may happen only under extreme circumstances... but then, we have seen the unthinkable happening at Noida Extension when the allotment for government plots at Sector 2 and Sector 3 where cancelled. However remote... the possibility is real and could/may happen someday. Therefore, I request all those who so far haven’t taken the membership... not just for the above said reason and to safeguard/insure your interest... but also because the association needs maximum number of members to... (1) get the court to take us extremely seriously, pushing it to ensure to safeguard our interest... and... (2) YERWA desperately required funds to fight the case and for other expenses.

 

During the course of the meeting, 14 people volunteered to provide their time and effort for the cause. Mr. Anubhav was the coordinator and each volunteer informed him as to how and what manner he/she can help. Mr Ankur Saluja, Mr. Kapil Taneja , Mr. Pulak Mukherjee, Mr. Gurinder Singh, Mr. Pawan Bakshi, Mr. Gaurav Satyarthi, Mr. Satish Kumar, Mr. Vivek Singh, Mr. Rajesh Verma, Mr. Raj Kumar Chauhan, Mr. Mritunjay Kumar and Mr. Shiv Rasi Gupta has volunteered to personally call the allottee and inform them about our association, it purpose and activities. Also, the volunteers will request the allottee to become part of the association. Mr. Anubhav will be sending a list of allottee to above said volunteers to make the calls. If anyone else can make the calls, kindly contact Mr. Anubhav Kapoor at ye...@yerwa.in.

 

Mr. Tarun Malhotra has expressed his desire to help in developing the website (yerwa.in) and provide much needed technical help. I suggest to create a technical team under the leadership of Mr. Tarun Malhotra, to handle all technical issues, including the management of website and online publicity.

 

Mr. Venkita Subramanian has volunteered to provide legal advise and assistance wherever possible. Mr. Venkita Subramanian has also agreed to travel with myself in next few days to Allahabad and Lucknow to meet the lawyers and file the intervention applications. I will keep the forum informed as and when possible.

 

To sum-up. Even though the number of people where less than my expectation, the response was beyond my imagination. People volunteering to take tasks and help the managing committee was not only a pleasurable experience, it was also an eye opener that we, the MC had forgot to tap the amazing human resource in the forum. Reminds me an old saying... and it applies as much to myself as to the entire managing committee... “A good leader is not the one who does everything by himself... rather... A good leader is the one who timely recognises the abilities in the group and then delegate the responsibilities accordingly”. For me... Sunday was a learning experience. Still a long way to go.

 

Regards,

 

Safal Suri

 

 

[Amit Gupta]

Dear Mr Suri,

Thanks for the update.

I was unable to attend the meeting because of some urgent work but I sent my application along with Mr Chug.

I know around 5 persons who are not member of our group but owns a plot of YEIDA.

I am in touch with them, one of them already filled the form and issued the cheque.

He is a CA and ready to provide his services if required.

Regards,

Amit K Gupta

9810036668

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[Bharat chugh]

Dear Amit,

 

Your application was submitted and I have your receipt.

pease collect it if you can or i'll drop it at ur place one of these days. Also kindly request these five people to join us ASAP.

 

regards

 

Bharat

--
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Where Craft Surpasses Imagination
D-30 East of Kailash
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Mobile: +91 9716838019, 9810683592
TeleFax: +91 11 41325815

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[AK]

Dear Safal
Just a suggestion, I wonder if it a legal option.
Is it possible to have another category of "temporary members".
It means, making members based on email confirmations from members.
These can be eleveted to the category of annual or life members once
the formalities have been completed. Till the time, these temporary
members will keep our numbers up.

kind regards
Avinash

On Nov 7, 5:48 pm, Bharat chugh <designsofin...@gmail.com> wrote:
> Dear Amit,
>
> Your application was submitted and I have your receipt.
> pease collect it if you can or i'll drop it at ur place one of these days.
> Also kindly request these five people to join us ASAP.
>
> regards
>
> Bharat
>

> On Mon, Nov 7, 2011 at 10:29 PM, Amit Gupta <samsung.farida...@gmail.com>wrote:
>
>
>
> > Dear Mr Suri,
>
> > Thanks for the update.
>
> > I was unable to attend the meeting because of some urgent work but I sent
> > my application along with Mr Chug.
>
> > I know around 5 persons who are not member of our group but owns a plot of
> > YEIDA.
>
> > I am in touch with them, one of them already filled the form and issued
> > the cheque.
> > He is a CA and ready to provide his services if required.
>
> > Regards,
> > Amit K Gupta
> > 9810036668
>

> >>http://groups.google.com/group/yeidaclick the "Edit My Membership" link

> >> on the right-hand side of the group's homepage. Then click the
> >> "Unsubscribe" button on the page that appears.
> >> (2) To unsubscribe from YEIDA group via
>

> ...
>
> read more »- Hide quoted text -
>
> - Show quoted text -

[vivek]

Dear Members,

I am currently stationed outside India, and I feel unfortunate that
could not attend the meeting or be actively involved in the cause.
But will make sure that 4 plot owners(including myself) join the
association.
Also I would like to contribute to the development of the website.

Regards,
Vivek

> ...
>
> read more »

[Niraj Murarka]

Dear Safal,
I sent my membership docs and cheque last week at Malviya Nagar
address of Treasurer of the group. I dont have any confirmation. I
also understand he expressed his willingness to resign. Just wanted to
ensure that my membership docs have been received....can you please
help me.

Rgds
Niraj Murarka

[Ram]

i also have the same quary from the concerned.

 

 

RAM

 

 

 

 

[Amit]

Dear Safal,

Heartening to know that we have such a robust association of people
who are willing to do anything for others even though they have not
actually become neighbours. I had sent my application through email
when the society was conceptualised and details were asked by you
through email. I did not see my name in the list of people that you
released who had sent their confirmation to be members. I want to
become a lifetime member of the society and would like to know whom to
contact for all the requisite formalities in South delhi.

Thanks and regards,

Amit

On Nov 7, 8:12 pm, "Safal Suri" <safals...@gmail.com> wrote:

[Jitender Singh]

Dear Niraj & Ram

Both yr forms have been recvd. Niraj yr membership no. is 21, while
Ram...if yr name is Ram kumar, the membership no. is 36.

Tx

[Surendra Agrawal]

I agree with Avinash on the "temporary members" option, Annual/Life
time membership option (putting 5000 Rs) may be the deterrent for many
people like me to join this association keeping in mind the huge
number of plots (21000) alloted in YEIDA. Having one single
association (YERWA) for 21000 plots would not be feasible from future
perspective, the well fare associations in YEIDA in future could be
formed on sector/block wise?

Temporary members could deposit one time feasible membership charges
that is required to fund the legal battle. I'm not sure how NEFBWA
(Noida Extension Flat Buyers Wellfare Association) managed the legal
battle without asking any membership fee from the allottes, I
definitely know that money is required to fund the legal battle in
YEIDA.

The intention is to have more YEIDA allottes to join YERWA to fight
the legal battle together.

Please put your thoughts on this.

Regards,
Surendra

> ...
>
> read more »

[Tanmoy Saha]

I joined the group today and is keen to become a member of the
association.

Please can you let me know the process.

Regards,
Tanmoy

> > > >9810036668begin_of_the_skype_highlighting            9810036668

> ...
>
> read more »

[AK]

Pardon me for my ignorance if I have got it wrong.
We have been saying that we are short of members. We are looking for
2100 odd members as there are 21000 plots (10%).
Now, I think there are 21000 plots, but NOT 21000 owners. In fact
there are going to be much less owners.
Technically speaking, there could be 1, 2 3, ......21000 people who
may own all these plots.
Since the future of sector 18/20 is blurred, the future of Yerwa is
equally blurred.
Since we are charging members per plot basis (I think), I do not
expect people having multiple plots to pay for multiple memberships at
this point of time.
It means that we may have about 100 paying members, who may be holding
"x,y or z" numbers of plots, difficult to make a guess but there may
be richer investers holding upto 50 or more plots, I dont know.
But the 10% rule means that we should have enough members to represent
21000 plots, it does not necessarily mean 2100 paying members.
I think we can look at chaging the way we make our members list in a
way that shows how many plots our group represents. That will actually
show if we have 10% strength or not.
Technically, if there were only 100 members can hold all 21000 plots,
in the present way of representation, the number of members could
never exceed 100 in Yerwa.

I think we should look at modifying the way members or plots are
represented.
There should be a way or showing the "strength" of members or number
of plots. It can be combined with the "temporary member" thing and we
will have even better representation.

I am actually surprised the MC has not thought about this. OR THEY
HAVE?!!
It may be that they first want to have as many paying members as
possible before suggesting this. Not sure.
In any case, it is certainly worth looking just in case it has missed
everybody's imagination.

thanks and regards
Avinash

[AK]

Sorry, please read the following line as...

Technically, if there were only 100 members holding all 21000 plots,
in the present system of representation, the number of members could

never exceed 100 in Yerwa .

[Safal Suri]

Dear Tanmoy!

Thanks for presenting your interest in joining YERWA.

Kindly find attached with this email a PDF file detailing all information
and steps for the filling the application form.

Membership Application Form is provided within the file.

Thanks & Regards,

Safal Suri

Regards,
Tanmoy

> > > >> Sunday�s GBM took place on time at pre-decided venue. Roughly 50

> > > >> Therefore, it was decided by majority�s consensus that anyone who

> > > >> has
> > > >> already paid or is going to pay for yearly membership of Rs. 1,000
> > > >> should
> > > >> be provided an option to pay the balance of Rs. 4,000 over a period
> > > >> of 6
> > > >> months and thereafter their membership will be converted to
> > > >> life-membership. In regard to this I will move a resolution during
> > > >> the next
> > > >> meeting of the managing committee and inform the forum accordingly.
>
> > > >> Many people suggested that there maybe some who would want to
> > > >> contribute
> > > >> more than maximum permitted limit of Rs. 5,000. Legally, we cannot
> > > >> accept
> > > >> donations and also we have not mentioned the same in our Memorandum
> > > >> of
> > > >> Association. However, after the meeting was over and everyone had
> > > >> left, 4
> > > >> members of the managing committee stayed back to discuss and take
> > > >> stock of

> > > >> the day�s proceedings. These included Shri. Nagin Chand, Shri.

> > > >> Anubhav
> > > >> Kapoor, Shri. Manik Goel and myself. During the discussion, Mr.
> > > >> Anubhav
> > > >> suggested that as we cannot accept over Rs. 5,000 per person,
> > > >> anyone who
> > > >> wish to help the association financially should be requested to do
> > > >> so by
> > > >> sponsoring our activities. The willing member may like to pay for
> > > >> the
> > > >> advertisement on behalf of YERWA in national daily or local
> > > >> newspapers,

> > > >> helping us garner more members, or someone can sponsor the lawyer�s

> > > >> those who so far haven�t taken the membership... not just for the

> read more �

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[hemant sonkaria]

Dear Safal,

The point raised by Mr. AK has really a point in my view. I have
always been thinking why only less than100 members have joined the
association out of 1400 plus members of YEIDA Forum and appaling
meagre % of 21000 allotees. I know that there is a very good number of
multiple plot holders. It may be surprising if one get to know that
only 2000 - 5000 actual persons / entities are holding the entire
21000 plots. In that case the association will never garner the
requisite numbers of members becuase people will never disclose the
actual numbers of plots they are holding.

Looking forward to your views on AK's point.

regards,

Hemant.

> ...
>
> read more »
>
>  YERWA Membership Application Form.pdf
> 184KViewDownload- Hide quoted text -

[Aviban]

It is weired that conclusion are being drawn on the basis of number of
people joining YERWA.
There is no denying there are people having multiple plots at hand.
Data available with YERWA is too less to conclude on percentage.

Wish, the team remain focused in its approach.

> > > > > >> phone...
>
> read more »

[AK]

Dear Aviban
Exactly. The original approach was to try and have 2100 members, so we
have 10% representation of 21000 plots.
10% representation of 21000 plots means 2100... how do we find out if
we have repreentation from 2100 plotholders or not, since many people
are holding multiple plots.
I am not saying we do not do what we are doing. I am only saying, we
find out what our true reprentative strength is. It is only possible
if we find out how many plots our members are holding in total.

thanks and regards
Avinash

> ...
>
> read more »- Hide quoted text -

[Aviban]

Hi Avinash,
The need of 10% membership of total plot owners is notional I guess,
and is not a technical requirement.
MC members I Believe, are aware enough, take cognisance of your
inputs, asses the benefits and loss, and will not leave any stone
unturned to garner the support needed.
Any incorrect data representation will cost heavily to all.
Thanks/Avnindra

> > > > > > > >> and much appreciated. There is no secret, YERWA needs money to...
>
> read more »

[Safal Suri]

 

 

Dear Avinash, Hemant, Nagin Ji, Avindra and Vivek...!

 

You all are correct in your own way. There maybe hundreds or thousands of people holding multiple plots. We, at MC are very well aware of the fact. This topic also came into discussion during the GBM on Sunday, but wasn't explored in detail.

 

At Sunday’s GBM, I very candidly stated that there is no legal requirement of minimum of 10% representation, without which an association cannot approach the court. Any association with even half a dozen members or even an individual with third party interest can approach the court. Legally, any one with any kind of third party interest (financial in our case) cannot be denied from being heard. However... many senior lawyers have advised that numbers make a huge difference. General rule of thumb is that once 10% or more, owners are represented, it becomes very difficult for the court to ignore or take lightly the interest of such an association.

 

It makes a word of difference if an association is a registered or un-registered identity and.... is representing 120 people or 2,100 people. Numbers do count and in our case it is extremely important as officially there are 21,000 plot owners... not withstanding the fact that there maybe 5,000 or 10,000 or 15,000 actual owners. For all practical purposes, the authority and the court will have to consider the interest and money paid for each and every plot... therefore for us too... for all practical purpose it is the number of plots owners we represent.

 

If you read the by-laws of the association carefully... you will find that all these issues have already been taken into account and addressed accordingly. While finalizing the by-laws, the MC members met many times and had good amount of brain storming... going through each and every point... attempting to figure every possible scenario. Of course, it goes without saying, we could and might have left some stones unturned... no doubt about that. Please read point numbers 5(b)-5 and 5(b)-6 of the by-laws. It is clearly stated that (1) in case of two owners of the plot, each will be considered individual entity, and (2) in case of an individual owning more than one plot, the ownership of each plot will be considered individually. Which means, it is not just the plots but the number of actual owners also counts.

 

Let me explain! What really counts legally, is individual’s interest and stakes. If a property is allotted in two names, automatically, each individual has independent interest in the property (legally it is 50% + 50% split), thus, each will be considered as individual stake holder. Similarly, when one individual owns multiple properties... since each property is considered individual identity and the owner has paid separately for each property... the individual becomes a stake holder of each independent property.

 

That said and understood... lets get back to the main point. What do we need? 10% of 21,000 plot owners or 10% of 21,000 plots to be represented?

 

Before I answer the question we must remember two dynamics here. (1) There are many individuals owning multiple plots, and (2) there are many plots allotted/bought in more than one name (multiple owners). Therefore, it is very hard to guess the exact number of stake holder. We can only be sure by official records... even then... we wont know of many individuals owning multiple plots as the name on record could be of someone else and actual owner could be another person. In reality there could be 15,000 owners of 21,000 plots (keeping in mind one person owning many plots) OR there could be 25,000 owners of 21,000 plots (keeping in mind that many plots are owned by two individuals). As of now it is not possible to speculate the exact figures.

 

Now... what do we need? What is our primary motive?

 

Our primary motive is to present to the court... the complexity... the multiplicity... and irreversible... third party interest. It is only credible THIRD PARTY INTEREST that can and will save the plots/investments.

 

Next question... what do we need in order to present credible third party interest?

 

Two things... quantity and quality.

 

(1) Quantity... we need to represent interest of maximum number of stake holders... the more... the merrier.

 

(2) Quality... many people have invested their life savings... many have taken loan... many have diluted their provident funds and/or fixed deposits... many have sold property elsewhere... many have settled family separation (financial)... to pay for the plot/property. We need to bring maximum of such cases in front of the court... so that CREDIBLE & IRREVERSIBLE THIRD PARTY INTEREST can be presented.

 

Last question... How do we get such cases?

 

Simple answer... by getting maximum number of people registered with us.

 

Therefore, lets not get involved into the exact number of possible stake holders. Whatever the number... we all know its in thousands and thousands... instead on spending energy on this issue... lets spend energy in finding ways and methods in enrolling maximum number of members. We need each and everyone out there.

 

Please remember, the more we become, the safer we get. Our primary strength is in numbers. Lets just focus on that, for now.

 

Regards,

 

Safal Suri

 

 

 

 

 

-----Original Message-----

From: hemant sonkaria

Sent: Friday, November 11, 2011 10:56 AM

To: YEIDA

Subject: [YEIDA:19542] : Re: : Re: : Sunday's Meeting.......

 

 

Dear Safal,

 

The point raised by Mr. AK has really a point in my view. I have always been thinking why only less than 100 members have joined the association out of 1400 plus members of YEIDA Forum and appaling meagre % of 21000 allotees. I know that there is a very good number of multiple plot holders.  It may be surprising if one get to know that only 2000 - 5000 actual persons / entities are holding the entire 21000 plots. In that case the association will never garner the requisite numbers of members becuase people will never disclose the actual numbers of plots they are holding.