On 03.10.2005 CBI filed status report wherein it pointed out that out of 135 societies, 19 societies appeared to be genuine, the names of said societies had been given in Annexure A to the report.
6803 6804 of 2013 SLP C Nos.
3268 3269 of 2013.
As far as Bankmens CGHS is companycerned the charges are that the revival application was filed by one Rajan Chopra by hatching a criminal companyspiracy along with officials of RCS and Shri R.K. Srivastava, Registrar of the RCS, to fabricate and manufacture false documents to revive the Bankmens CGHS.
6805 of 2013 SLP C No.
The Society wanted to change the names of its members but this action was number approved by the RCS and finally on 06.11.1990 an order was passed for liquidating the Safdarjung CGHS.
The Court ordered DDA and Registrar of Cooperative Societies to give details of all the societies which were allotted land after the year 2000 and also directed them to produce the relevant files in companyrt along with recommendations of allotment to DDA.
10066 of 2004, filed by one Yogi Raj Krishna Bankmens Co operative Group Housing Society Ltd. Ors.
Some of the records of the Safdarjung CGHS came into possession of one Mahanand Sharma who was number even a member of the Safdarjung CGHS.
However, another Dealing Assistant prepared a false numbere which was forwarded by other officials of the RCS at the instance of the then RCS R.K. Srivastava and the Society was revived.
During the pendency of proceedings, this Court further numbered that many societies had been allotted land after the year 2000.
Thereafter, similar companyrespondence took place between the DDA, Office of the RCS and the CBI.
The case of the appellant is that when it requested the RCS to verify the names of the members, the reply given was that all the records of the Bankmens CGHS were with the Central Bureau of Investigation hereinafter referred to as the CBI pursuant to the directions issued by the High Court of Delhi in Writ Petition No.
The case of the CBI further is that 35 of the companyt of the land had to be paid by the Society to the appellant DDA.
67,38,800/ from their joint S.B. Account No.
The High Court directed that the RCS should initiate fresh enquiry into the list of members submitted by the Safdarjung CGHS and it may also rely upon the investigation undertaken by the CBI.
The Court observed the need for formulation of a companyprehensive policy with regard to allotment of land to Cooperative Societies taking into account the above factors.
Correspondence was exchanged between the Bankmens CGHS, Registrar of Co operative Societies hereinafter referred to as RCS and the Delhi Development Authority hereinafter referred to as DDA .
Societies which were hitherto defunct or had lost interest in allotment for one reason or another were sought to be revived by the office of the Registrar of Cooperative Societies and thereafter land was demanded from DDA on the basis of such recommendation.
18747/2013 , this Court passed an order on 29.01.2013 directing the appellant DDA to file an additional affidavit.
Even the list of members pertaining to the year 1999 is totally different from the list of members as on 31.03.2003 and this list has been changed substantially on 31.03.2011.
5109 of 2012 claiming relief of physical possession of the allotted plot.
In this affidavit it has been mentioned that the Bankmens CGHS was registered at 21, Inder Enclave, Rohtak Road, New Delhi, with 65 promoter members but on 31.07.1985, Shri R.K. Mangla, requested the RCS to approve a list of 74 members.
Thus the case of the CBI is that this Society was illegally revived.
On 14.09.2011 enquiry report was submitted and it was found that the list of members was number authentic.
Aggrieved by the aforesaid order of the RCS on 28.01.2012, Safdarjung CGHS filed Writ Petition C No.
Registrar, Cooperative Societies and Ors.,
Union of India was also issued numberice and has filed its affidavit.
The Writ Petition was disposed of on 23.07.2012.
This order is under challenge in Civil Appeal No.
1168 of 2012 claiming that the Society was a genuine Society and the Writ Petition was disposed of on 27.02.2012 on the ground that the case of the Safdarjung CGHS was identical to the case of Lords Cooperative Group Housing Society Vs.
Both the order dated 27.02.2012 passed in W.P. C No.1168 of 2012 and order dated 22.08.2012 passed in P. C No.5109 of 2012 have been challenged in C.A. Nos.
18699 with the Central Bank of India, South Extension, Part II, New Delhi Branch.
Court expressed its deep companycern over the matter and called for Vice Chairman, DDA and Registrar of Cooperative Societies to be present in person in companyrt.
13298 of 2009 in the High Court of Delhi claiming that though it had paid the amount demanded to the DDA, the plot of land in Dhirpur had number been handed over on account of the CBI case pending against the office bearers of the Society.
Thereafter, the RCS on 10.01.2012 passed an order that the names of the members of the respondent Safdarjung CGHS cannot be recommended to the DDA for allotment of land.
The address of the Society was changed.
1521 of 2004 .
The case of the CBI is that though a fresh list of 74 members was given, number even one of these members was from the original list of 74 members when the Society was incorporated in the year 1983.
Thereafter, Safdarjung CGHS filed a Writ Petition No.1990 of 2004, which was disposed of along with the case of Bankmens CGHS WP No.
The Safdarjung CGHS was registered with the RCS on 18.11.1983.
On the same date the names of those societies were ordered to be deleted from the list of 135 societies which were directed to be scanned by the CBI.
When the accused Rajan Chopra filed an application for revival of the Society on 11.11.1999 the address of the Society was changed to 44/7 B, Regal Building, Connaught Place, New Delhi.
Aggrieved by this, the Bankmens CGHS filed a Writ Petition No.1521 of 2004 before the Delhi High Court in 2004 and on 31.05.2004, this petition was disposed of with a direction that land be provided to the Bankmens CGHS.
912 of 2004 which was disposed of on 08.02.2006, directing that the verification of members be undertaken either by the DDA or by the RCS and, thereafter, possession of land be handed over to the Society within a period of two months subject to making payment as demanded by the DDA.
There were many resignations and new additions of new members.
Against this, the DDA filed an LPA No.
3546 of 2012 praying for directions to the DDA to handover the vacant possession of plot pursuant to the directions in LPA No.912 of 2004 decided on 08.02.2006.
It is also alleged that Rajan Chopra submitted a forged No Objection Certificate dated 29.12.1999 purported to have been issued by Shri Vipin Gandotra, Proprietor of M s VG Co., in this regard.
Pursuant to said order Mr. M. Gupta, Vice Chairman, DDA and Mr. S. Gopal Sharma, Registrar Cooperative Societies, appeared in person in companyrt and they informed that authorities were aware that after allotment of land to Cooperative Housing Societies in certain cases, the society as a whole is purchased by Builders and thereafter members are changed on the basis of en masse resignations, expulsions and new members inducted by charging premium at market rates, taking advantage of loopholes in the Rules and Regulations.
One Shri Sudarshan Tandon moved an application on 09.08.1983 for registration of the Safdarjung CGHS showing that it had 83 promoter members.
10066 of 2004 alleging that a large number of bogus societies which were either number existent or defunct, or otherwise were number eligible for allotment of land had been included in the list of societies after the cut off date.
It was observed in order dated 22.11.2004, that societies were being sold and bought by builders in Delhi.
It is number disputed that possession of this plot was actually handed over to the Safdarjung CGHS pursuant to this order.
Initially, when the official of the RCS went to the address he found that numbersuch Society was existing at the address and, therefore, he recommended that the Society should number be revived.
Learned Additional Solicitor General pointed out that an earnest attempt was being made to see that land allotted to societies was number hijacked by the builder mafia in Delhi and certain suggestions were placed on record.
After the Society was revived, like in the case of Bankmens CGHS, a plot of land was provisionally allotted to Safdarjung CGHS.
This money, according to the CBI was number paid by the enrolled members of the Society but a group of builders companyprising of accused S.P. Saxena and Sandeep Sahni who had taken over companytrol of the Society and paid a sum of Rs.
Registrar Cooperative Societies was directed to verify the list of members in accordance with law.
6805 of 2013 SLP C No.18747 of 2013.
The Delhi High Court directed the DDA to process the case of the Bankmens CGHS for possession of plot within a period of one month.
On 03.03.2011, Safdarjung CGHS filed a Writ Petition C No.
On 01.12.1998, an application was moved by Mahanand Sharma for revival of the Safdarjung CGHS.
On 24.11.1999 the Office of the RCS recommended the name of Safdarjung CGHS for allotment of land.
The allegation is that the Society was revived fraudulently and that the names of the members of the Bankmens Society as in 1993 were never forwarded to the RCS at the time of revival of the Society and fresh members were inducted.
Thereafter the Safdarjung CGHS was revived on 26.04.1999.
The facts of Safdarjung Co operative Group Housing Society hereinafter referred to as Safdarjung CGHS , are similar.
After the decision of the High Court in Bankmens CGHSs case on 23.07.2012, the Safdarjung CGHS filed Writ Petition C No.
CBI was directed to look into those allotments and also with regard to the members who had been allotted land.
In the year 2012, the Bankmens CGHS filed another Writ Petition No.
which was disposed of on 23.05.2011.
Thereafter, on 02.05.2012, the RCS recommended the names of the members of Safdarjung CGHS to the DDA.
In this Writ Petition a Division Bench of the Delhi High Court in its order dated 25.08.2008 observed as follows During the pendency of proceedings and on companysideration of the material on record, it was felt that the matter required further probe and companysideration on account of Builders having taken over Cooperative Societies.
It was numbered that as the price of the land started soaring in Delhi after the year 2000, this spurt in land prices led to unholy nexus between builders and powerful persons in various authorities.
Another important fact which is relevant for decision of these cases is that the DDA had fixed a cut off date of 31.10.2003 for allotment of land to the short listed societies.
On 05.04.2005, DDA was directed to file an affidavit pertaining to the categorization of societies i.e. list of those societies which underwent liquidation and number were seeking revival and allotment of land and the list of genuine societies which had approved list of members till 31.10.2003, from the office of Registrar Cooperative Societies, with their membership duly verified.
2696 of 2013 CA No.
The CBI both in the case of Bankmens CGHS and Safdarjung CGHS filed chargesheet against some of the office bearers of these two Societies and also officials of the RCS and the RCS himself, alleging that the Societies were revived in an illegal manner.
Some issues were raised by the RCS but the Bankmens CGHS did number respond to the letter of the RCS and, thereafter, the Society was placed under liquidation.
The RCS was directed to take fresh decision in the matter.
Thereafter, DDA wrote to the CBI but the CBI did number provide the record and replied that it was the duty of the RCS to verify the names of the members.
Aggrieved by this order, an LPA No.904 of 2004 was filed by the DDA in this case also and identical order was passed for verification of the members.
One Yogi Raj Krishna CGHS filed a Writ Petition No.
On 31.08.2005, companynsel appearing for CBI informed about outcome of preliminary investigation.
CBI was directed to file a detailed affidavit in this regard.
Considering the enormous amount of money that had been pumped in and invested by the influential Builder mafia and other vested interests, companylusion and companyplicity of the staff and officers of RCS and others to hijack the societies, Director CBI was directed to companystitute a special investigation team headed by an officer number below the rank of DIG with adequate staff to investigate the whole matter.
