14 April, 2008

HOME SWEET HOME :HC relief for housing societies

Directs Govt To Start Alloting 8,000 Flats To Existing Members
In a step which might spell relief for almost 15,000 families awaiting allotment of flats under the co-operative group housing society (CGHS) scheme for past three years, Delhi High Court on Wednesday allowed the state government to begin the allotment process for 8,000 flats for existing members.

A division bench comprising justices Mukul Mudgal and Aruna Suresh clarified that existing members would mean those who had been part of a CGHS till July 2, 2007 and permitted the NCT government to allot within six weeks plots or flats to them. The entire allotment process had been put on hold in the wake of the CGHS scam.

Many of these applicants were made to wait for over three years for their dream houses because members of their society’s management body had come under the scanner during the scam.
HC, however, also made it clear to additional soclicitor general Amarendra Sharan and counsel for the state, Najmi Waziri, that the registrar, Delhi Co-operative Societies should hold a draw of lots and make allotments to those persons who have obtained their membership by July 2, 2007.
Waziri had earlier moved an application, seeking clarification of the court’s earlier order to know which members were eligibile. He informed HC that the government was ready with 8,000 flats and awaiting HC’s green signal to begin process of allotment. He informed the court that there were 108 societies, which enrolled members in violation of RCS rules. Moreover, these socities with almost 5,500 members awaiting allotment, were not being probed by CBI as part of its investigations into the multi-crore CGHS scam.
Earlier in July last year, the Bench had ruled that group housing societies, before enrolling new members, should first allot plots or flats to existing members who were awaiting allotment.
The Bench had said: ‘‘It is only when all existing members waiting for allotment have been alloted the premises, the operation of rule 24(2) of the DCS Rule (dealing with intake of new members) comes into force.’’
‘‘We make it clear that if the society has any existing member who have still not got the
allotment of plot/flat, such members in accordance with bylaws shall first be alloted the vacant premises before resorting to rule 24 (2),’’ the Bench had added.

The Times of India 3 April 2008, P 6 Delhi
With thanks from The Time of India
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