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- LOL .Great title, raumybhan.:D :bab (4):CommentQuote0Flag
- Ek he ullu kaafi hai barbaad nasheman karne ko - yaha har shaakh pe ullu baitha hai - anjaame gulistan kya hogaCommentQuote1Flag
- --------- Forwarded message ----------
Date: Sun, Jan 30, 2011
Subject: Statement from Vipul
Please find the statement from Vipul for your kind perusal.
Gurgaon, January 29, 2011:
With regard to the news items appearing in media regarding the irregularities in the sale of plot …in Gurgaon, please find below statement issued by Vipul Ltd putting the facts in place.
Vipul Ltd would like to clarify that the allegations of the news were also the subject matter of proceedings before the Hon’ble High Court of Punjab & Haryana at Chandigarh, initiated at the behest of a fraction of the members of the Society concerned, but were rejected first by an Hon’ble Single Judge by a judgment dated 24-08-2007 and again in appeal by Hon’ble Division Bench of the Hon’ble High Court by a judgment dated 27-08-2010, while upholding sale of the land of the said Society in our favour.
Copies of the judgments dated 24-08-2007 and 27-08-2010 are reported and available on the official site of the high court (LPA 215/2007 & LPA 216/2007).
Gist of findings rendered by the Hon’ble Single Judge, that were upheld by the Hon’ble Division Bench, is as under:-
Challenge to suspension of the managing committee was not sustainable
There was no illegality or perversity in the impugned orders which were passed in the interest of the members of the Society who had fallen prey to the evil designs of the members of the managing committee;
Persons other than A.K. Mahindra had no locus standi to file the writ;
There was no challenge in the appeal to the order of the Registrar giving permission to sell the said land and the same could not be done;
Decision to sell the said land was of the General Body of the Society which was supreme;
The members of the Society had decided to dispose of the said land at a reasonable price and authorized Ashok Kumar and A.K. Mahindra to act in the matter;
The sale was conducted after due permission from the Registrar, at a rate more than the market rate;
There was neither any fraud nor was the sale bad;
That in the interest of the members of the Society, the price was enhanced to Rs. 70 lakhs per acre, this being the amount offered by A.K. Mahindra after the auction;
Prayer of the Petitioners for investigation in the matter by the CBI was specifically turned down
The following chronology of events, duly supported by documents, has been deliberately, willfully and maliciously held back from public that would establish beyond doubt that the allegations sought to be made against us are false and misleading.
On 02-06-2002, General Body of the Mount Everest Co-operative House Building Society (“Society”) passed a resolution, the salient points whereof are as under:-
That out of 10.60 acres of agricultural land of the Society, certain areas were under dispute/litigation, leaving only certain areas with clear title;
The land of the Society was likely to be acquired by the Govt.;
The land of the Society is divided in two parts and irregular in shape;
The course of action open to the Society were either (a) to enter into a collaboration, or (b) Sell the land, or (c) status quo;
The land price had gone down vis-vis purchase price in the last few years.
It was unanimously resolved to sell/dispose of all the land belonging to the Society at a reasonable market rate either on “as is where is” basis or after resolving the Court cases and Capt. A.K. Mahindra and Mr. Ashok Sharma were authorised to represent the Society before all Government Agencies and authorized to execute all papers and dispose of the land.
In July, 2002, upon a request of Mr. A.K. Mahindra, Secretary of the Society, the Tehsildar confirmed the market value of the land at about Rs. 40 lacs per acre.
On 02-07-2002, the Society applied to the Assistant Registrar seeking permission for sale of the Society land informing that the rate of land is Rs. 40 lacs per acre.
On 13-12-2002, the Registrar, Co-operative Societies passed a suspension order under Section 34 (2) of the Haryana Co-operative Societies Act suspending the then Managing Committee of the Society on the basis of allegations of gross and serious irregularities and appointed a board of administrators.
On 14-01-2003, the Registrar granted permission to sell the land of the Society and laid down conditions for sale including auction and notice before auction.
The auction notice for sale of the land was published in the Tribune for sale on “as is where is” basis.
The auction pursuant to the unanimous resolution of the Society dated 02-06-2002 was held in the morning of Monday, 24-11-2003 under the supervision of sales committee appointed by the Registrar and we were the highest bidders having offered to purchase the fragmented, litigated agricultural land at Rs. 46.25 lacs per acre. We paid the entire bid amount and were delivered possession of the land and the Sale Deed was registered in our favour at the office of the Tehsildar, it being the Sub-Registrar of Assurances (For Gurgaon properties, one does not have to go to Panchkula for registration).
After the auction, with a view to stall further development, A.K. Mahindra offered to pay Rs. 70 lacs per acre for the land. It is important to note that prior to auction, the Society could not obtain licence for conversion of land from agricultural to residential and for development thereon;
After purchase of the land, Vipul Ltd invested money in acquiring adjacent lands and in exchanging parts of the land with the land of the adjacent Society and other land owners so as to make the land contiguous, fit for conversion from agricultural to residential and development. Litigations that were plaguing the Society were also settled.
With our efforts and investments as mentioned above, we could obtain a licence for development of a residential colony in respect of an area of more than 14 acres of land, which was much more than the original fragmented litigated area of 10 acres belonging to the Society.
In April 2004, Mr. A.K. Mahindra filed an Appeal before the Registrar under Section 114 of the Act against the order of suspension of the Managing Committee and sale by auction of the said land.
By an order dated 19-11-2004, the Registrar dismissed the said Appeal and upheld the order of suspension of the Managing Committee and sale of the Society’s land.
In April 2005, a fraction of the Members of the Society filed two Writ Petitions before the Hon’ble High Court of Punjab and Haryana at Chandigarh to challenge the order dated 19-11-2004 of the Registrar, sale of the Society’s land and for CBI enquiry.
By a judgment dated 24-08-2007, the said Writ Petitions were dismissed.
The Hon’ble Single Judge directed that the sale consideration be enhanced from Rs. 46.25 lacs per acre to Rs. 70 lacs per acre. This was also in view of the said price having been quoted by one of the Petitioners and in the interest of the members of the Society. High Court directed distribution of the money to all the members except the tainted members.
We paid the enhanced consideration and understand that the same has been withdrawn by a large No. of members of the Society without any demur. We understand that even Mr. Suresh Chauhan, (resident of c/o Mr. Suman Kumar and also of Amritsar) (who has been quoted in the news articles) has also withdrawn all the moneys falling to his share out of the sale consideration that we had deposited with the Society and the Registrar and fail to understand his locus to question the sale.
Appeals against the said judgment were dismissed by the Hon’ble Division Bench of the Hon’ble High Court by way of a judgment dated 27-08-2010.
A special leave petition against the judgment of the Hon’ble High Court has been filed before the Hon’ble Supreme Court which is scheduled to come up for admission on February 01, 2011. No notice in the said petition has been issued by the Hon’ble Supreme Court. While the matter thus stands before the Hon’ble Supreme Court for admission, we have reasons to believe that the news is being planted with a view to interfere with the administration of justice.
The above statement may be attributed to spokesperson, Vipul Ltd.
Please let me know if I can be of any further help.
- Wow, that is fast work by Vipul guys, seems they have an active CRM .CommentQuote0Flag
- Not to offend any body but due to so many scams involving now people also started putting defence officers in the same category like police, MCD officials etc etc.
Seems Mr.A K Mahindra trying to extract something from Vipul by delaying their project.CommentQuote0Flag