Arbitrary cancellation of registered plot by of navyugsehkariavassamiti ltd
Sundeep
(Querist) 03 November 2014
This query is : Resolved
Arbitrary cancellation of registered plot of land by corrupt Secretary of NavyugSehkariAvasSamiti Ltd., Meerut (UP) and officials of UP AvasVikasParishad.
I am Sundeep Sharma, currently working in Singapore and am a member of the NavyugSehkariAvasSamiti Ltd., Meerut. Recently the secretary has sent a cheque No. 590143 dated 02Oct2003 of Rs264306/- drawn on Punjab National Bank along with a letter stating that my plot has been cancelled. I have invested my hard earned savings in this small plot of land with a view to make a dwelling in future to settle as a part of my retirement plan and am under tremendous stress since receipt of this letter from the society.
I do not understand how a legally registered plot can be cancelled after a span of more than 10 years.
• I was allotted a plot No. 58 in year 2003 in SwasthyaVihar colony developed by Navyug Sahkari Awas Samiti Limited, Meerut (UP). I paid Rs. 45000/- as per the rate fixed by the society and the plot of 150 sq yards was registered in my name on 03Mar2003.
• Over the last 11 years, the land rates in the area increased and the vested interests of the Secretary of the society came in picture. The managing committee of the society completed its term and further elections have been wilfully prevented by the Secretary in collusion with officials of Avas Vikas Parishad.
• An amount of Rs. 2 lakh, which is equivalent to about 4 times the original price of the plot as development charges (असुधारशुल्क) by getting an order issued by UP Avas Vikas Parishad for the same. This amount was collected in June, 2012.
• However, no development of the colony has been done and no plan of action has been conveyed to the plot holders.
• Instead of working for the welfare of society and its members, money collected as development charges is being used to initiate cases in Avas Vikas Parishad and various courts against members to harass them to pay more money.
• I have never been provided the audited account statements of the society.
These people are neck deep in corruption and have been siphoning away money from the accounts of the society.
Now, I suspect that the Secretary, in collusion with corrupt officials of Avas Vikas Parishad have the ulterior motive of re-selling the already allotted and registered plots to other people and sharing the black money so generated.
Is it legally tenable to cancel the allotment/ registry of the plots and what is the re-course available to fight this irregularity.
Sundeep Sharma
sundeepsharmaa@gmail.com
Devajyoti Barman
(Expert) 04 November 2014
This case falls under Writ Jurisdiction of High Court.
Challenge the cancellation filing an application under Article 226 of Constitution of India for issuing appropriate writ setting aside the letter of cancellation of allotment letter.