Press release of AOCAM
« Posted on : May 13, 2008, 7:28:55 AM »

Press release of AOCAM dtd 22.04.2008

Association of Co-operative Group Housing Society Affected Members (AOCAM) (Registration No. S-56564 under SOCIETIES REGISTRATION ACT, 1860)Registered Office: Plot No. 3-B, Sector-2, Dwarka, New Delhi- 110075

D P S RAJESH (CONVENER)

e-mail: dpsrajesh2002@yahoo.com, dpsrajesh@gmail.com

------------------------------------------------------------------------------------------------------------Dated 22.04.2008
 
PRESS RELEASE
 
A massive demonstration was organized in front of the RCS office at Parliament Street under the banner of the Association of CGHS Affected Members (AOCAM) against delay in allotment of society flats to the members of various cooperative group housing societies in the light of clarificatory direction of Hon’ble High Court dated 2.4.2008. The members alleged that the RCS office and the authorities in the NCT Government of Delhi were paying only lip services instead of providing succour to the 15000 suffering members.. They further stated that no tangible action with regard to the allotment of flats is being taken by the RCS office even after writing scores of letters requesting for action on the basis of clarificatory direction of Hon’ble High Court dated 2.4.2008. It is understood that the matter is still in limbo bearing the same fate as of the judgment dated 2.7.2007 when deliberate attempt was made to delay the entire process of allotment by referring the matter for a legal opinion in a circuitous way which sealed the fate of 15000 suffering members for more than nine months until the clarificatory direction of 2.4.2008. In the opinion of suffering members, the similar action on the part of the RCS office may further lead to complications to their detriment as the same legal wing or legal hierarchy which gave misleading opinion about the judgment of Hon'ble High Court dated 2.7.07, may further confuse it in a different retrograde way.
 
The AOCAM further stated that the Learned Addl. Solicitor General, Sh. Amarendra Saran had submitted before the court on 2.4.2008 that the Govt. was willing to implement the judgment dated 2.7.2007 in the light of whatever clarifications given by the Hon. Court. The suffering members want to emphasize that the core of the judgment of the Hon’ble High court, which is basically  buttressed on the principle of ‘common good of common people’ giving one time relaxation and consequent regularization of members in violation of Rule 24(2) up to 2.7.07. Now what legal course of action required by the RCS office is to file an application in the Hon’ble Court in the Yogiraj Krishna case spelling out clearly as to the judgment dated 2.7.2007 and clarificatory direction dated 2.4.2008 as once judgment given by a bench can not be the subject matter of consideration or scrutiny by another bench of the same strength. The functioning of the Hon’ble Justice J P Singh (Rtd) Committee constituted by the Hon’ble High Court will have restriction to the extent of the implications of the judgment dated 2.7.2007.  It is a fundamental question of law whether the effect of judgment pronounced by one bench of the High court can be curtailed by the on going proceeding being conducted in a different bench of the same strength. 
 
A delegation of AOCAM met the Registrar of Cooperative Societies and submitted a memorandum with a request to take urgent action to alleviate the suffering of members on following lines:
 
1. Necessary notification be issued urgently accommodating the judgment/direction dated 2.7.2007 and 2.4.2008 respectively;
 
2. The two important implications of the judgment dated 2.7.2007 – regularization of membership up to 2.7.2007 and allotment within six weeks in case of society gives in writing to this effect – be brought to the notice of Hon’ble High Court and specially Hon’ble J P Singh (Rtd) Committee;
 
3.In case of non-receipt of request from the Management Committee, reminders followed by appropriate action in the interest of suffering members;
 
4. Mandatory audits and elections where such actions are pending, be completed within a month time to keep track of the Management of various societies;
 
5. Let RCS office function on the principles enshrined in its own citizen charter.
 
During the Course of discussion with the RCS, the issue of allotment of 48 societies was also discussed wherein it was pointed out from the official side that 2 societies have been cleared by them for further scrutiny by a Committee as per  the guidelines of the Delhi Cooperative Societies Rules, 2007. The RCS will not hold any proposals for allotment if the papers are submitted by the concerned Management Committees as per DCS Rules, 2007. But on the other hand AOCAM alleges that the submitted papers are biting dust in the RCS office without any action thereon.

The AOCAM has threatened to intensify its agitation if no tangible result comes with regard to the allotment of flats within six weeks as per direction of Hon’ble High Court dated 2.4.2008.