It is very much disgusting to see the Public Notice issued by the Office of RCS appeared in some of the leading dailies Newspapers of NCT Delhi of 09.07.2010. We can only have pity upon the wisdom and shortsightedness of RCS and above all it is very sad state of affairs that how the Government of NCT Delhi has allowed the RCS to issue such a Public Notice containing baseless, misleading, concocted, distorted facts against the interest of innocent citizens. We are compelled to conclude that either the Govt. of the day is very much hands in gloves with all sort of illegal activities of the RCS of is totally unaware of the ground realities. Even in that situation the Govt. cannot save its skin on the ground of ignorance, which otherwise amounts to dereliction of duties imposed upon an elected Government under the Constitution of India. As such has no more and legal right to continue administer. The Public Notice is a big fraud committed by the RCS with not only with the sentiments of the suffering members but also amounts to deceiving the citizens of India at large by spreading misinformation.
First of all, we strongly condemn the open threat given to the members of those societies who have gone for self draw till day. By this public Notice the RCS has once again repeated its constant threats to the suffering members for their prosecution by leveling baseless, inhuman charges against the suffering citizens, who have gone ahead with their plans of self-draw of flats done in utter desperation & compulsion because of the sole reason of inordinate delay of RCS in clearing the list of eligible members of various societies and kept on pending its decision for the last more than 3-4 years. WE feel that the time has come when a public trial of the Office of RCS should be commenced for taking all the accounts of the misdeeds of RCS. It is the RCS and his subordinate Officers who are liable for prosecution on the charge of dereliction of duties, fraud and treachery committed against the citizens of this Nation.
Next Point regarding the status of clearance of membership of CBI investigated societies as well ass the Non-CBI investigate societies as appeared in the said Public Notice, the RCS have deliberately suppressed the necessary information on the following points:
a. Under which circumstances, how and when the sole society investigated by CBI was allotted. What was the role of RCS in the
b. said allotment? Whether the said allotment was compelled to be done by the RCS on the directions of Hon’ble High Court of Delhi.
c. What is the role of present RCS in taking the credit of 27 societies out of 33 societies mentioned in the list of Non-CBI investigated societies, which have got their allotment more than 2 years back during the tenure of Shri U K Worah the Ex-RCS. It is highly deplorable that the present RCS Dr. A C Verma has deliberately intermingled six other societies in the said list only to get credit in a fraudulent manner. These six societies have got partial clearance only after towing the illegal demands of Office of RCS done by RCS in compelled circumstances arisen after the self draw of some societies done in January, 2010.
d. The crucial date when the proposal for approval of List of members was submitted to RCS and what are the reasons for kept on pending the proposals for the last more than 3-4 years.
e. Why the time bound formula has not been framed for specifying the period of proposal under process could have been scrutinized, and cleared.
f. Why the provisions of any enactment, rules or regulation of DDA which explain the procurement of PUC and CC as mandatory condition for allotment.
g. In the context of self draw societies, the status given are blatant lies containing totally misleading, misconceived facts.
h. Why the RCS has deliberately suppressed the provisions of Section 127 of the DCS Act 2003 and the Rules framed there under which empowers to the RCS to exempt any societies from the mandatory obligations, which inc
i. Why the RCS has deliberately suppressed the fact about the missing records of all the societies having got allotment in the past and were given exemption from mandatory obligations as per the past practice adopted since time immemorial.
j. Why the RCS has been constantly floating the Court orders passed by the Hon’ble Supreme Court of India and the Hon’ble High Court
k. of Delhi since 2007, which paved the way for allotment. The latest order of the Hon’ble passed by the Hon’ble High Court in the matter of Apni society, the RCS has deliberately failed to comply with the orders passed on 26.05.2010 within the time frame of 15 days. Similarly in the matter of Raj Vihar CGHS Ltd, the Hon’ble High has passed order in favour of society to be complied with within 15 days were again floated by RCS. Prior to this the orders of 20.11.2009 passed in Asha Deep CGHS Ltd are yet to be honoured by RCS in respect of all the societies waiting for allotment. Instead of complying with the Court orders within the time frame dictated by the Court, the RCS is intending to either to challenge the said order in the Hon’ble Supreme Court of India or by misinterpreting the same before the superiors and has made a false and distorted statement of facts in the Public Notice. It is worth mentioning here that the RCS had raised all such legal impediments coming in the way of clearance and forwarding of List to DDA for allotment of such societies in CBI investigations by filing a review petition against the orders passed on 31.03.2009 by Hon’ble Supreme Court of India which paved the way for allotment to all bonafide members irrespective of charge sheeted by the CBI. The said review petition titled RCS versus Shri S P Saxena & others was finally heard by the Hon’ble Supreme Court on 16.04.2010 and was dismissed on merits. Even after the said judgment the RCS preferred to sit on the same and refused to give relief to the suffering members. In case the RCS would have followed the directions given in these judgments passed by the Hon’ble Supreme Court of India with honesty and true sense no legal and bonafide member would have been left our from the allotment of his/her flats long time back.
l. At last but not the least, it is a hard fact that the status disclosed in the Public Notice regarding six societies who have alleged to have been disassociated themselves from the self draw is total false, misleading, misconceived on the following grounds:
i) The Crown CGHS Ltd. Had never gone in self draw as such the statement of RCS is totally irresponsible, false and baseless.
ii) It is a matter of fact that the remaining 5 societies have gone for self draw in January, 2010 by the Members of those respective societies with complete unanimity along with other societies gone for self draw on a same day simultaneously. Furthermore there was no role of the Managing Committee in all those societies gone for self draw. In all such societies, the members have already accepted their self draw unconditionally and a large number of them have already occupied their respective flats. However it is a very sad state of affairs and a blot on the face of the Office of RCS, who with a view to save its skin has forcibly procured these societies or are frustrated debarred & malcontents, who have been charge sheeted by CBI by blackmailing them in every respect. These Office bearers with a view to save them from intending prosecution have given their statement as per the convenience of RCS. However it is a hard fact as on today that the brute majority of the Members of such societies have challenged the unlawful acts and omissions of these charge sheeted Officer Bearers and are initiating to take appropriate actions against them as available under the law of land.
In the light of above facts and circumstances, we urge the entire press and the electronic Media to take all sort of initiatives against the injustice being caused to the suffering citizens and to rescue them from the clutches of these inefficient and incompetent and corrupt beaurocrats who are being supported by the Govt. of the day of NCT Delhi in an unfortunate maner.
RAJENDER ARYA ASOK KUMAR