Notice to RCS by Delhi High Court (Shivani CGHS vs. RCS)

[vijay]

IN THE HIGH COURT OF DELHI AT NEW DELHI

22.02.2011

Present: Mr.Rakesh Munjal, Sr.Adv. with Mr.Rakesh Kumar Garg and
Mr.Ankur
Arora, Advocates for the Petitioner.
Mr.V.K.Tandon, Advocate for R-1 and R-2.
Ms.Sangeeta Chandra, Advocate for R-3.

CM No.2489/2011
in
WP (C) No.5619/2010

In view of non compliance of our order dated 05.10.2010 when time
was
given to R-1/RCS to comply with the directions passed vide Order
dated
18.08.2010, learned counsel for R-1/RCS is put to notice as to why
notice of
contempt be not issued for willful disobedience of the orders of the
Court.
Learned counsel for R-1 and R-2, however, states that some time may
be given to
him to obtain instructions as to why the undertaking given on
05.10.2010 has not
been complied with.
List on 03.03.2011.
Dasti.


SANJAY KISHAN KAUL, J.




FEBRUARY 22, 2011 RAJIV SHAKDHER, J.
dm

The Order from 18.08.10 is as follows:

IN THE HIGH COURT OF DELHI AT NEW DELHI

18.08.2010

Present: Mr.Rakesh Munjal, Sr. Adv. with Mr.Rakesh Kumar
Garg, Advocate for the Petitioner.
Mr.V.K.Tandon, Advocate for R-1/RCS.
Ms.Sangeeta Chandra, Advocate for R-3/DDA.

WP (C) No.5619/2010

This is one more case where constructed flats are lying vacant
because
draw of lots is not being held. The draw of lots has not been
possible because
the matter is still pending with the R-1/RCS who has not forwarded
the names to
the R-3/DDA for holding draw of lots.
In our considered view, there are various ramifications which arise
from
laxity in processing these cases. The RCS appears to be taking
advantage of the
fact that there is no statutory period prescribed under the Delhi
Cooperative
Societies Act, 2003 to carry out the task. The members of the
petitioner/
society have invested their funds pursuant whereto construction of
flats has
been made which are now vacant for years together. This implies that
such
members may be staying in rented accommodation and simultaneously
may be paying


EMIs for the loans which they may have availed of. An important
capital asset
like a flat in the mean time remain unutilized.
We are thus compelled to issue directions to R-1/RCS to
WPC No.5619/2010 Page 1
of 2
process the case of the petitioner-Society and forward the names to
R-3/DDA
after due verification within a maximum period of one month from
today.
We make it clear that even if there is some doubt in respect of some
members, it should not prevent the holding of draw of lots for the
remaining
members.
The R-3/DDA will hold the draw of lots within 15 days of the receipt
of
the names from R-1/RCS.
The writ petition is disposed of with the aforesaid directions.
CM No.11044/2010

No further directions are called for on this application.

The application stands disposed of.

Dasti to learned counsel for the parties under the signatures of the
Court Master.

SANJAY KISHAN KAUL, J.




AUGUST 18, 2010 VALMIKI J. MEHTA, J.
dm

[REJIMON C K]

If you recall, I had sought Under RTI the info on court case and court direciton implimentaion.

The RCS Office decline to provide instead they given their own performa data, which is not relevant as they are BOUND to keep records as per Manual of Office Procedure.

However, LACK of PUBLIC and Affected citizen UNITED Action against such agencies run at their own way.

 

Rejimon

Please find attached once again the list & reply of RCS for which I am filing appeal with CIC

--
"DWARKA-FORUM" :-- Dwarka Ki Awaaz
Visit Website www.dwarkaforum.org
Like us!! Click www.facebook.com/dwarkaforum

Police- 100 & 1090 Ambulance 102 & 1099, Fire 101, Traffic 1095/23010101, Dwarka PS: 28051584, ACP-28051587, DCP -28042984.
SDM-25017834, Child-1098, Women-1091, Sr. Citizen 1291, Postal 1914, AIIMS-26588700, Blood Bank, 23716441, ORBO 1060, Eye-1919, Disaster Management- 1070. LG Complaints 155355, CMO 155345, MCD-1266/25321235/23910419, DDA-24690431, DJB-1916, MTNL-198

--
REJIMON C K.
Each year 50million trees and 75 billion water is used to create 7  million tonnes of mail, over 40% of which is thrown away unopened. source : National Geographic so the next time you receive paper, think again  before you print. choose to receive emails instead .

[Capt Nisheet Adya]

Could you be kind to simplify the statements and explain in simple layman language , what does it all mean ?
Does that mean the RCS is going to forward our papers to DDA for allotment of our flats or not ? Pl advise .

Sent from my iPhone

[rajeev gmail]

Hi

I agree with you as when I went to the RCS site and at least 57 societies were not being allotted as mentioned by them due to CBI etc etc .

Every society may have approx 100 flats or more

So 5700 flats with 4 members each means 2000 people and we cant find a few 100 to retaliate.

 

RCS will keep bullying us till this carries on

 

Rajeev

[REJIMON C K]

any one have any idea how many flats in each socities(300 around in Dwk) ?

In ours  Nav Sansad Vihar CGHS Ltd we have 256

If we could get at least few members from each CGHS agains this RCS office ?

 

Rejimon

[yogesh abbi]

In HumSub CGHS,Sect-4 we have 157.

---

From: REJIMON C K <reji...@gmail.com>
To: dwarka-r...@googlegroups.com
Sent: Wed, 9 March, 2011 2:32:49 AM

[rajeev gmail]

Hi
Pls see the net
http://www.delhi.gov.in/wps/wcm/connect/DoIT_RCS/rcs/our+services/status+of+
57+societies+for+clearance+of+membership

You will find that all these 57 societies comments have been from may/june
2010
He has done nothing after that , so no way he will even want the allotment
Some societies were registered in 83, just imagine the wait for some people
nearly 30 years

Seems any society with self draw can stay and use the flats , others keep
waiting nothing will happen as even the contempt of court is not moving at
all

Rajeev

-----Original Message-----
From: dwarka-r...@googlegroups.com
[mailto:dwarka-r...@googlegroups.com] On Behalf Of Capt Nisheet Adya
Sent: 09 March 2011 11:02
To: dwarka-r...@googlegroups.com
Cc: DWARKA FORUM (Regd)
Subject: Re: [DWARKA FORUM] Notice to RCS by Delhi High Court (Shivani CGHS
vs. RCS)

[Capt Nisheet Adya]

Total comes to 22800  

5700 into 4 

One man against 22800 

Sent from my iPhone

[Shiv Kumar Sharma]

We have 95 members society

Air India CGHS LTD

Plot-9 sector-3

shiv kumar sharma

---

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[raj...@gmail.com]

RCS Office is the hub and gateway of corruption. Live testimony to this fact is that the ex RCS N.Divakar is behind bars in the 7500 Dr societies scam. The only way to get info from them is to b persistenet and if they decline, go to CIC. That' how I succeed on several occasions. Rajiv Khanna.

Sent from BlackBerry® on Airtel

---

From: REJIMON C K <reji...@gmail.com>

Sender: dwarka-r...@googlegroups.com

Date: Wed, 9 Mar 2011 16:02:49 +0530

To: <dwarka-r...@googlegroups.com>

ReplyTo: dwarka-r...@googlegroups.com

[sc arora]

There are many judgements of Delhi High Court directing RCS to forward papers of societies to DDA for taking out draw. RCS has never implemented any of these judgements. Even contempt proceedings which got initiated for non comliances of court orders failed to force RCS into action. Not even in one contempt  case, High Court  could punish the defaulter, RCS. This much for rule of law in our country. No solution looks viable except SELF DEAW. Already more than 27 societies out of 57 CBI charge sheeted societies  have conducted self draw during last one year or so and members are living in them peacefully. Remaining societies have to decide for themselves. Any hope of justice from RCS appears to be highly misplaced.
Brig S C Arora(Retd).
 
> CC: dwarka-r...@googlegroups.com
> From: adyan...@gmail.com

> Subject: Re: [DWARKA FORUM] Notice to RCS by Delhi High Court (Shivani CGHS vs. RCS)

> Date: Wed, 9 Mar 2011 11:01:30 +0530
> To: dwarka-r...@googlegroups.com

[Capt Nisheet Adya]

The question is should we let one person decide the fate of 6 lac people In Dwarka . If not what are we waiting for ? 

We are only taking and not taking any action . 

It's time to act let's get to gather and start the war against corruption before we die if we can not get united now against RCS we will never be ! 

Choice is yours . ???? 

 

Sent from my iPhone

[Mahendra Kumar Gupta]

Unfortunately, the case has not gone before the benches of Hon'ble Supreme Court which heard 2G, Hasan Ali and CVC cases. 

[vinod kumar]

Mr. Rejimon,
There is no disagreement on corruption and inefficiency in RCS office. While self draw seems to be the only solution,I have a humble request not to name any society in forum discussions.
Regards
Vinod Sharma

On Thu, 10 Mar 2011 11:13:02 +0530 wrote
>Today I have notice in my neighbourhood i.e. Naval Techncial Officer CGHS Plt No. 3, Sect 22. Members seems start renovating even covering the balconies of flats. Probably after Self Draw.
So there are many socities actually moving without making noise.
I think that good move , let all move to the flats. RCS and Govt keep on sitting in the file ,let us sit our own flats
let us allow them to keep the files with them.. may get some EGGS oneday.

Rejimon

On Wed, Mar 9, 2011 at 8:10 PM, Capt Nisheet Adya wrote:



The question is should we let one person decide the fate of 6 lac people In Dwarka . If not what are we waiting for ? 
We are only taking and not taking any action . 
It's time to act let's get to gather and start the war against corruption before we die if we can not get united now against RCS we will never be ! 
Choice is yours . ???? 
 

Sent from my iPhone

On 09-Mar-2011, at 4:43 PM, raj...@gmail.com wrote:




RCS Office is the hub and gateway of corruption. Live testimony to this fact is that the ex RCS N.Divakar is behind bars in the 7500 Dr societies scam. The only way to get info from them is to b persistenet and if they decline, go to CIC. That' how I succeed on several occasions. Rajiv Khanna.
Sent from BlackBerry® on Airtel

From: REJIMON C K
Sender: dwarka-r...@googlegroups.com
Date: Wed, 9 Mar 2011 16:02:49 +0530
To:

ReplyTo: dwarka-r...@googlegroups.com
Subject: Re: [DWARKA FORUM] Notice to RCS by Delhi High Court (Shivani CGHS vs. RCS)

any one have any idea how many flats in each socities(300 around in Dwk) ?
In ours  Nav Sansad Vihar CGHS Ltd we have 256
If we could get at least few members from each CGHS agains this RCS office ?
 
Rejimon

On Wed, Mar 9, 2011 at 11:10 AM, rajeev gmail wrote:





Hi
I agree with you as when I went to the RCS site and at least 57 societies were not being allotted as mentioned by them due to CBI etc etc .
Every society may have approx 100 flats or more
So 5700 flats with 4 members each means 2000 people and we cant find a few 100 to retaliate.
 
RCS will keep bullying us till this carries on
 
Rajeev
 
 

From: dwarka-r...@googlegroups.com [mailto:dwarka-r...@googlegroups.com] On Behalf Of REJIMON C K

Sent: 09 March 2011 10:51
To: dwarka-r...@googlegroups.com

Subject: Re: [DWARKA FORUM] Notice to RCS by Delhi High Court (Shivani CGHS vs. RCS)



 

If you recall, I had sought Under RTI the info on court case and court direciton implimentaion.

The RCS Office decline to provide instead they given their own performa data, which is not relevant as they are BOUND to keep records as per Manual of Office Procedure.

However, LACK of PUBLIC and Affected citizen UNITED Action against such agencies run at their own way.

 

Rejimon

Please find attached once again the list & reply of RCS for which I am filing appeal with CIC

REJIMON C K.
Each year 50million trees and 75 billion water is used to create 7  million tonnes of mail, over 40% of which is thrown away unopened. source : National Geographic so the next time you receive paper, think again  before you print. choose to receive emails instead .

--

"DWARKA-FORUM" :-- Dwarka Ki Awaaz
Visit Website www.dwarkaforum.org
Like us!! Click www.facebook.com/dwarkaforum

 
Police- 100 & 1090 Ambulance 102 & 1099, Fire 101, Traffic 1095/23010101, Dwarka PS: 28051584, ACP-28051587, DCP -28042984.
SDM-25017834, Child-1098, Women-1091, Sr. Citizen 1291, Postal 1914, AIIMS-26588700, Blood Bank, 23716441, ORBO 1060, Eye-1919, Disaster Management- 1070. LG Complaints 155355, CMO 155345, MCD-1266/25321235/23910419, DDA-24690431, DJB-1916, MTNL-198






--
"DWARKA-FORUM" :-- Dwarka Ki Awaaz
Visit Website www.dwarkaforum.org
Like us!! Click www.facebook.com/dwarkaforum

 
Police- 100 & 1090 Ambulance 102 & 1099, Fire 101, Traffic 1095/23010101, Dwarka PS: 28051584, ACP-28051587, DCP -28042984.
SDM-25017834, Child-1098, Women-1091, Sr. Citizen 1291, Postal 1914, AIIMS-26588700, Blood Bank, 23716441, ORBO 1060, Eye-1919, Disaster Management- 1070. LG Complaints 155355, CMO 155345, MCD-1266/25321235/23910419, DDA-24690431, DJB-1916, MTNL-198



--

REJIMON C K.
Each year 50million trees and 75 billion water is used to create 7  million tonnes of mail, over 40% of which is thrown away unopened. source : National Geographic so the next time you receive paper, think again  before you print. choose to receive emails instead .

--
"DWARKA-FORUM" :-- Dwarka Ki Awaaz
Visit Website www.dwarkaforum.org
Like us!! Click www.facebook.com/dwarkaforum

 
Police- 100 & 1090 Ambulance 102 & 1099, Fire 101, Traffic 1095/23010101, Dwarka PS: 28051584, ACP-28051587, DCP -28042984.
SDM-25017834, Child-1098, Women-1091, Sr. Citizen 1291, Postal 1914, AIIMS-26588700, Blood Bank, 23716441, ORBO 1060, Eye-1919, Disaster Management- 1070. LG Complaints 155355, CMO 155345, MCD-1266/25321235/23910419, DDA-24690431, DJB-1916, MTNL-198


--
"DWARKA-FORUM" :-- Dwarka Ki Awaaz
Visit Website www.dwarkaforum.org
Like us!! Click www.facebook.com/dwarkaforum

 
Police- 100 & 1090 Ambulance 102 & 1099, Fire 101, Traffic 1095/23010101, Dwarka PS: 28051584, ACP-28051587, DCP -28042984.
SDM-25017834, Child-1098, Women-1091, Sr. Citizen 1291, Postal 1914, AIIMS-26588700, Blood Bank, 23716441, ORBO 1060, Eye-1919, Disaster Management- 1070. LG Complaints 155355, CMO 155345, MCD-1266/25321235/23910419, DDA-24690431, DJB-1916, MTNL-198


--



"DWARKA-FORUM" :-- Dwarka Ki Awaaz
Visit Website www.dwarkaforum.org
Like us!! Click www.facebook.com/dwarkaforum

 
Police- 100 & 1090 Ambulance 102 & 1099, Fire 101, Traffic 1095/23010101, Dwarka PS: 28051584, ACP-28051587, DCP -28042984.
SDM-25017834, Child-1098, Women-1091, Sr. Citizen 1291, Postal 1914, AIIMS-26588700, Blood Bank, 23716441, ORBO 1060, Eye-1919, Disaster Management- 1070. LG Complaints 155355, CMO 155345, MCD-1266/25321235/23910419, DDA-24690431, DJB-1916, MTNL-198

--
REJIMON C K.
Each year 50million trees and 75 billion water is used to create 7  million tonnes of mail, over 40% of which is thrown away unopened. source : National Geographic so the next time you receive paper, think again  before you print. choose to receive emails instead .

--
>
"DWARKA-FORUM" :-- Dwarka Ki Awaaz
>
Visit Website www.dwarkaforum.org
>
Like us!! Click www.facebook.com/dwarkaforum
>

>
Police- 100 & 1090 Ambulance 102 & 1099, Fire 101, Traffic 1095/23010101, Dwarka PS: 28051584, ACP-28051587, DCP -28042984.
>
SDM-25017834, Child-1098, Women-1091, Sr. Citizen 1291, Postal 1914, AIIMS-26588700, Blood Bank, 23716441, ORBO 1060, Eye-1919, Disaster Management- 1070. LG Complaints 155355, CMO 155345, MCD-1266/25321235/23910419, DDA-24690431, DJB-1916, MTNL-198
>

[Shubhi Mehrotra]

In PEOPLES' CONSERVATIVE CGHS.SECTOR 18, We have 68 members.
Regards
Shubhi Mehrotra

[REJIMON C K]

Mr. Sharma

Sorry I did nt mean to disclose as such the names.

However the point remain why should one afraid if they have done self draw like over 15-25 socities ?

Anyway, I will delete this portion from the blog also

 

Thanks,

 

Rejimon

[pratap]

The RCS has boldly shown to the public that perhaps they are above law. They need to be taught lesson. Whenever a large colony is born as janta colony, or an unauthorized colony, the ruling governments finally take steps to regularize those colonies in order to keep the vote bank as well as to escape the public wrath. The same thing happened when chartered buses were hired by  public who were suffering from DTC. The government could not dare stop the chartered buses. Public found the solution by themselves. Fortunately we are all non-violent lot. But we also exercise our right to decide matters when the government appointed by us fails to do their duty.

More and more societies should draw the lot and occupy the flats. The government will come in line.

dhunta

[raj...@gmail.com]

If more people join in the self draw movement it will strengthen the front and will be a force to reckon with, whom the government can not ignore. Rajiv Khanna.

Sent from BlackBerry® on Airtel

From: REJIMON C K <reji...@gmail.com>

Sender: dwarka-r...@googlegroups.com

Date: Thu, 10 Mar 2011 17:43:31 +0530

To: <dwarka-r...@googlegroups.com>

ReplyTo: dwarka-r...@googlegroups.com

Subject: Re: Re: [DWARKA FORUM] Notice to RCS by Delhi High Court (Shivani CGHSvs. RCS)

[issac abraham]

57 societies have a total number of 5176 members/Flats (except LORDS CGHS LTD for which freeze number of members are not available).  Attached please find a consolidated statement.

--- On Wed, 3/9/11, REJIMON C K <reji...@gmail.com> wrote:

From: REJIMON C K <reji...@gmail.com> Subject: Re: [DWARKA FORUM] Notice to RCS by Delhi High Court (Shivani CGHS vs. RCS) To: dwarka-r...@googlegroups.com Date: Wednesday, March 9, 2011, 4:02 PM

any one have any idea how many flats in each socities(300 around in Dwk) ? In ours  Nav Sansad Vihar CGHS Ltd we have 256 If we could get at least few members from each CGHS agains this RCS office ?   Rejimon

On Wed, Mar 9, 2011 at 11:10 AM, rajeev gmail <rajee...@gmail.com> wrote: Hi I agree with you as when I went to the RCS site and at least 57 societies were not being allotted as mentioned by them due to CBI etc etc . Every society may have approx 100 flats or more So 5700 flats with 4 members each means 2000 people and we cant find a few 100 to retaliate.

RCS will keep bullying us till this carries on

Rajeev

From: dwarka-r...@googlegroups.com [mailto:dwarka-r...@googlegroups.com] On Behalf Of REJIMON C K Sent: 09 March 2011 10:51 To: dwarka-r...@googlegroups.com Subject: Re: [DWARKA FORUM] Notice to RCS by Delhi High Court (Shivani CGHS vs. RCS)   If you recall, I had sought Under RTI the info on court case and court direciton implimentaion. The RCS Office decline to provide instead they given their own performa data, which is not relevant as they are BOUND to keep records as per Manual of Office Procedure. However, LACK of PUBLIC and Affected citizen UNITED Action against such agencies run at their own way.   Rejimon Please find attached once again the list & reply of RCS for which I am filing appeal with CIC

[yogesh abbi]

Dear Rejimon,

I fully second your your view,that we need to fight against corruption collectively and that we all must come together on a single platform and show the people involved that we mean bussiness.Corruption is too rampant in various societies too where the management has been in power ever since the society has been made and are dictating terms to the people by blackmailing them,threatening them and filing frevilous complaints with the police which has no bearing at all.All this is resorted to for personal gains.But we have collectively raised voice against the corrupt management and had forced the President of the society to come to the society and hear the people out.The President is a sitting IAS officer who does not stay in the society,and so is the case with the Treasurer.They come once a year for AGMs only and the rest is run by the so called Hony Secy who is holding the residents of the society to RANSOM.How long can the people tolterate such kind of atrocities.There has been a total failure of Management which has been accepted by the President in Public after the residents forced him to come to the society by sending a MEMORANDUM to him.Now the Secy has started throwing big names and has started threatening couple of people who are raising their voices with dire consequences.I have decided to take up this matter seriuosly with the police by filing an FIR against the Hony Secy.

I Have penned down the minutes of the meeting held with the management,on 6 Mar 2011, headed by the President,which has been handed over to the management and reciept obtained.The President and management has no answeres to it and is following a delay tactics.We need help, to fight this war against corruption at ANY COST,even at the cost of my LIFE.I will fight it out till the end.I on behalf of the residents of my society would like to meet you personally to show you and discuss with you the proofs of misconduct and level of corruption before we raise it in the correct manner in the correct forum like "DF".Need your help URGENTLY.I am sure there are many such CGHS facing this kind of a trauma and we surely and  forcefully should nail down and fight  such corrupt people without beating an eyelid.Its time all people come together.Views of the people are welcome.

Thanx and Regards,

Col Yogi

9871554433

---

From: REJIMON C K <reji...@gmail.com>

To: dwarka-r...@googlegroups.com
Sent: Wed, 9 March, 2011 9:42:18 PM

Subject: Re: [DWARKA FORUM] Notice to RCS by Delhi High Court (Shivani CGHSvs. RCS)

Today I have notice in my neighbourhood i.e. Naval Techncial Officer CGHS Plt No. 3, Sect 22. Members seems start renovating even covering the balconies of flats. Probably after Self Draw.

So there are many socities actually moving without making noise.

I think that good move , let all move to the flats. RCS and Govt keep on sitting in the file ,let us sit our own flats

let us allow them to keep the files with them.. may get some EGGS oneday.

Rejimon

[Viney Tyagi]

Dears,

In Sapnaghar CGHS we have 120 members.

Viney Tyagi

[vinod kumar]

Dear friends,
The High Court Order dated 3rd March in Shivani CGHS Matter is attatched. Just imagine the plight of members. Inspite of clear directions by the High Court on 18th August 2010 to hold the draw within 45 days, the Registrar's office has not sent the file to DDA. Directions of the Court seem to have fallen on deaf ears and there is no fear of contempt proceedings.
Vinod Sharma

On Wed, 09 Mar 2011 10:43:45 +0530 wrote

[Mahendra Kumar Gupta]

Vinod ji, this is good. On the next date, the contemnor (Registrar?) will jave to be present personally.  Pl. inform the decison on the next hearing i.e. 24th April.  All are equal before the law including the RCS office.