WHO IS SUPREME – HIGH COUR OR RCS?

M K Gupta

In the review meeting on the progress on allotment of flats in the CBI investigated societies on 10th May in Hon’ble LG office, it was decided that the Registrar of Co-operative Societies a “forward a proposal for draw of lot to DDA with members who are found to be in he clear”. Doubtful cases could be taken up for detailed scrutiny thereafter”. Asok Kumar of Suffering Members Assn says that the decision was taken with the RCS’s consent. But till the issue of advt on 9.7.2010, it no file has moved from RCS office to the DDA. In the advt RCS has admitted that in case of Anjuman, Diamond Square and Shivani, either proposal has been approved by the RCS or it has completed the scrutiny.

On the issue of revival of defunct societies and enrolment of genuine members, the minutes recorded “in terms of equity, the current bonafide members should not be allowed to suffer.”

In the case of Apni Society, RCS has mentioned in the advt. that the Court directions are being examined. High Court has directed to forward the file to the DDA for the draw within 15 days. HC directions can either be examined by the bigger bench of the same court or by the Supreme Court. RCS should have either filed an appeal against the judgment and should have obtained a stay order. Even the Hon’ble President of India has no power to examine the Court orders to decide for their implementation or not. Apni Society file has not been sent to the DDA even after over 40 days from the date of order. In the absence of obtaining any stay, RCS had no option but to forward the file to the DDA recommending for the draw. Since RCS is sitting over the file, it a clear case of contempt of court due to non-compliance of court order.

About some societies like Anjuman, RCS has given incomplete information saying proposal approved by RCS but refrained to mention the date of approval. On Diamond square and Shivani CGHS, dates of completion of scrutiny have not been mentioned. Though the Association of Suffering Members and members of Societies claim that this has been done four/five years ago. RCS has not even mentioned the period within which it intends to forward the file to the DDA for draw.

In the face of these and other facts showing the RCS in poor light, public wonder why the Delhi govt has soft peddling against the RCS and why the Centre has become a mute spectator only and watching the genuine members suffering?

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