Requesting Pawan Kumar Bansal MOS Finance and Parliamentary Affairs

Chandigarh Social Welfare Council

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Office: # 194-C, Sector 51-A, Chandigarh Fax +(91)172-504-5151 Cell: +91-9888255128-_____________________________________________________________________________________________________

CSWC/PKB/08/08 Dated 23rd August,2008
Shri Pawan Kumar Bansal, M.P.
Union Minister of State for Finance,
# 64, Sector 28-A,
Chandigarh
Respected Sir,
You are aware that the council is relentlessly working for the regularization of the GPAs in cooperative Housing Societies at Chandigarh. .You have been kind enough to support the legitimate cause and have deliberated with Chandigarh Administration on the issue.
I am writing this to record the anguish of over 15000 families who have purchased the flats on GPA that the Administration is showing scant consideration to regularize the GPAs as has been done by Delhi Government. Neither the Administration has respected the rule 105 incorporating “special provision for regularization of occupancy right of persons who have acquired such a right through the instrument of power of attorney or agreement for sale” as contained in the Punjab Cooperative Act 1960 ,nor it has shown any merit to the opinion of the Ld. Registrar Cooperative Societies Chandigarh.
Opinion of the Ld. Registrar Cooperative Societies is based on the rules being followed in adjoining state of Haryana. The rules in Haryana have been framed in accordance with the order of the Chief Justice of Delhi High Court delivered in the matter of 28 similar cases on 29.01.2007.
ouncil has submitted a Representation to the Administrator UT and Governor Punjab on 14th August, 2008 on how the rules sought to be applied by the Chandigarh Administration are dysfunctional, unrelated, outdated applied in isolation and contradictory. A copy of the same is enclosed here with.
Council has now represented before Most Respected Smt. Sonia Gandhi, Chairperson UPA, Shri Man Mohan Singh, Prime Minister and Shri Shivraj V.Patil Home Minister. Copies of these are also enclosed here with for your perusal. with a request to take up the matter with them.
I am also enclosing herewith a copy of the recent order of the Finance department irony of which is that it is issued on 15th August,2008 , the Independence Day. When the entire Nation was rejoicing, hoesting National Flag on its 62nd Anniversary, 15000 families fail to understand the haste in which Shri Sanjay Kumar IAS Finance Secretary was caught to draft such a draconian order on the independence day Presumably it had in mind the representation sen to the UT Administrator on 14 th August, 2008 by us exposing the administration of its nefarious designs to burden the GPAs with hefty transfer fees, The fee fixed by the administration @ Rs. 3,80,895 for Category A, Rs. 2,72,098 for Cat. B and Rs. 2,11,618/- for Category C.
The Administration is resorting to high handed tactics by issuing missives in the media of its intention to heap the GPAs to shell out such heavy charges as stated above and unless you get Mrs. Sonia Gandhi Chairman UPA to intervene in the matter, people shall suffer a lot.
We desire that the regularization of the GPAs be done on the Delhi Pattern and for this your addressing the problem on priority is requested.
Thanking you in anticipation.
Yours truly,
Satish C.Sharma
General Secretary
Cell: 9888-255-128
Email: sharma.ambakripa@ yahoo.co.in






Encl: as stated above,

Representation to Governor,Administrator UT,Chandigarh on regularisation of GPAs in Cooperative Societies

General (Retd.) S.F. Rodrigues,
PVSM, VSM,
Administrator, Union Territory,
Chandigarh.
Sub: Regularization of GPAs in Cooperative Societies Spread over Sector 48 to 51.
Your Excellency,
Most respectfully we have to submit that Chandigarh Social Welfare Council has represented before you seeking regularization of the GPAs in the Cooperative Housing Societies. We had the honour to place before you our detailed submission in our memorandum dated 14 August,2008, on how the Chandigarh Administration is relying on outdated, unrelated rules applied in isolation in the case of those who are having occupancy rights through the instrument of General Power of Attorney .
We had sought your kind intervention in the matter in the hope that you would direct the Administration to take cognizance of the rules, especially The Punjab Cooperative Act 1961 (as applicable to UT ...Chandigarh) and rules and practices being followed in adjoining states of Haryana and Delhi.
However we find this is not be. Council is in possession of a copy of the order of the finance department, ironically, made on the auspicious day of Independence Day, 15th August, 2008 stating “And whereas the Administrator, Union Territory, Chandigarh after carefully examining” the demand to annul charge of “unearned increase on such transfers from the members and for the removal of the condition of obtaining completion certificate of the Society…………………………. is unable to accede to their request”
Your Excellency, we resubmit that the view of the Administration of not judicious. The administration should have taken cognizance of its own affidavits that it had submitted as defendants in the matter of CWP 10691 of 2005 and CWP of 2006 both decided on 21.08.2006 and had consented a consensual transfer charges fixed at Rs. 50,000/- for Category A, Rs. 35,000/- for Category B , and Rs. 25000/- for Category C . Nowhere the administration brought the rule being applied now in the knowledge of the Hon’ble High Court. Should we infer that the applicability of the rules shall be governed by the fancy of the officer dealing a case of law/rule.?
We have brought to your notice that Delhi Government in a bid to regularize the GPAs had even amended the principal Act in respect of Cooperative Societies and substituted a new section 91 vide notification No. F-14 (33) LA on 2.12.2006 and has also taken cognizance of the order of the Chief Justice of Delhi High Court inter alia which directed that the transfer fee for the regularization of th GPA shall not exceed Rs. 10,000/-.Even, Shri R.K. Rao, Registrar Cooperative Societies, Chandigarh seems reconciled to this view and opined likewise citing the case of Haryana.
We fervently appeal to Your Excellency to direct the Chandigarh Administration to denotify the order of Finance department issued by Shri Sanjay Kumar IAS, Finance Secretary on the auspicious day of Independence, 15th August 2008 and provide relief to the GPAs by regularizing them in consonance of rules being followed in Punjab as applicable to UT, Chandigarh, Rules of Haryana and Delhi which provide for the regularization of the GPA by charging nominal fee.
Your Excellency shall thus be relieving the hapless GPAs of their anxiety and restoring the natural justice for which you have championed ever since in Chandigarh.

With kind regards
Yours truly,

S S Bhardwaj Satish C.Sharma
Co- Chairman General Secretary
Cell: 9878927777 Cell: 9888255128

Representation to

Unite to fight

Dear GPA Holders in Society Flats
Dear Brother/Sister,
I am writing this letter to share our mutual anguish and harassment at being a holder of the instrument of the General Power of Attorney in respect of owning a flat in a group Housing Society. How tragic it is to face discrimination in the face of established laws and the pitiable apathy of the Chandigarh in granting GPA holders a status matching that of original alottees? Words fail to describe the paradox. Now what can we do…….??
History is testimony that restoration of anything….Rights, Independence, Status ET all is preceded by” STRUGGLE”. The struggle for India’s Independence started in 1857 and Indians struggled to throw the yoke of slavery well after 90 years i.e. in 1947. So for us, too, it has become imperative to launch our struggle .Struggle that should proceed achieving our following goals:
1. Chandigarh Administration should allow transfer of flats in favour of the holder’s of General Power of Attorney where a period of five years has elapsed from the allotment of land to the Society. Where land has been allotted on Free hold Basis, the Transfer be allowed without any Transfer Charges, similar to other Free hold property in the City.
2. Where land to Society has been granted on Lease hold basis, Administation Should immediately formalize a mechanism for its conversion to Free Hold as has been done in case of other schemes floated by the Chandigarh Housing Board, the Nodal Agency of the Administration. Also Occupation Certificates to such societies that have become habitable be granted without any reference to the alleged violations committed by individuals, as has been accepted for the transfer in other schemes of the Chandigarh Administration/Chandigarh Housing Board.
It was in the year 2004, when for the first time I had raised the issue of the plight of the GPAs in the Media as well as with political leadership in the City. During the intervening period, I had tried to share my views with various organizations and the political leadership and work for an Honorable Solution to the issue of Transfer of the flats in favour of the GPAs.I write with anguish, no concrete results came in and the matter hangs there only.
Now that both the Chandigarh Administration and local political leadership has failed to focus the problem in its right perspective, I am of firm the opinion, let the people decide their fait accompali. I also believe that results shall come from the people not the political leadership. I exhort you to rise to the occasion and join the struggle in your personal right as a leader and draw people around you to join the struggle, common to all of us. Our struggle alone shall lead us to the solution of our problem. If Chandigarh Administration fails to accommodate the sentiments we shall be only compelled to launch agitation on the streets to achieve our rightful place in the Society. JOIN HANDS YOURSELF AND BRING PEOPLE AROUND YOU UNDER ONE FOLD. We have to plan to work, so do kindly call me on cell phone 9888-255-128 for your suggestion and to affirm your solidarity with the cause
Satish Chander Sharma M.A. (Eco.)Delhi
# 1605, Progressive Society,
Sector 50B, Chandigarh
Cell: 9888-255-128 Phone: 4659064
email:sharma.ambakripa@gmail.com
sharma.ambakripa@gmail.com

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GPAs burdened with hefty transfer Charges

As a fallout of the representation made to the Administrator UT and Governor Punjab, Finance Secretary Shri Sanjay Kumar IAS penned the order of the Financce department on the 15th August,2008- a day Indians pay homage to their martyres who had sacrified their lives for the Free India. What a irony, the Chandigarah Administration is burdening the hapless GPAs to pay huge sums as transfer fee to0 get their flats entered in their own names. This is contradictory to the practice in neighbouring states of Punjab , Haryana and Delhi.
Haaving lost face in the matter of CWPs in the Punjab and Haryana High Court, the administration simply did not resort to replicate its Substitution Policy visa-vis the holders of the instrument of the General Power of Attorney.
Chandigarh Social Welfare Council has protested this and has urged Smt. Sonia Gandhi Chairperson UPA, Shri Man Mohan Singh Prime Minister, and Shri Shiv Raj V.Patil Home Minister to intervene in the matter and direct the administration to follow rules which are applicable in adjoining states and in the light of Punjab Cooperative Act 1960, which has special provision for the regularization of the occupancy rights of the GPA.
Shri Satish Sharma further demanded that the rules being followed by Delhi in the light of the Judgement of Delhi High Court and adopted by Haryana be followed.Satish Sharma email id: sharma.ambakripa@gmail.com