KULDEEP KOHLI PETITION - CM HARYANA -SCHOOL

KULDEEP KUMAR KOHLI

RZ 200B, STREET NO. 3, RAM CHOWK,

SADH NAGAR PART I, PALAM COLONY,

NEW DELHI – 110045

TELEPHONE: 08860332404

                      EMAIL:KULDEEP.KOHLI55@GMAIL.COM

22^nd August, 2016

Shri Manohar Lal Khattar

Hon’ble Chief Minister of Haryana,

Haryana Civil Secretariat,

Sector 1,

Chandigarh

MISLEADING INFORMATION PUBLISHED BY SUNCITY SCHOOL IN TIMES OF INDIA OF 31.7.2016 WHEREIN IT STATES “PRE NURSERY CLASSES WILL BE IN THE NEW CAMPUS IN LA LAGUNE, SECTOR 54, GURGAON” WITH THE INTENTION TO DECEIVE THE PUBLIC

Respected Sirs,

We are herewith enclosing a copy of the advertisement released by SUNCITY SCHOOL which is self-explanatory.

In the said advertisement SUNCITY SCHOOL claims that   “Pre Nursery * classes will be in the new campus in La Lagune, Sector 54, Gurgaon.

LA LAGUNE COMPLEX is a complex of 11.3248 Acres and is presently being managed by La Lagune Apartment Owners Association. There is no other complex by the name of La Lagune in Sector 54, Gurgaon. 

La Lagune Apartment Owners Association has neither permitted nor will ever permit the SUNCITY SCHOOL to hold Pre Nursery Classes in the La Lagune Campus, Sector 54, Gurgaon and there is no such “new campus” in the La Lagune complex, Sector 54, Gurgaon as claimed by SUNCITY SCHOOL in their advertisement where SUNCITY SCHOOL proposes to hold Pre Nursery classes.

We would therefore request you to kindly depute the concerned authorities to kindly take appropriate action against the management of SUNCITY SCHOOL for releasing an advertisement with wrong facts and hence deceiving the public. This is an act of deceiving the public by fraudulently or dishonestly inducing the public to do or omit to do anything which they would not do or omit if they were not so deceived and this act is likely to cause damage or harm to the public in body and mind. This certainly tantamount to cheating.

The Registration of SUNCITY SCHOOL therefore should be cancelled with immediate effect and SUNCITY SCHOOL should be asked to release an advertisement with the correct facts.

We are marking a copy of this letter together with the advertisement to the concerned Boards which have been offered to the public through the said advertisement for them to kindly

take appropriate action against SUNCITY SCHOOL by de-recognising the SUNCITY SCHOOL with immediate effect.

As has already been clarified, we are neither aware of any provision of such facility on our residential campus as per plans of the complex nor have we as RWA endorsed such activity. It may be highly probable that such misrepresentation may have been made on license record with the concerned Suncity authorities as well, and we would like to bring to your notice that the possible address description of the school being located in "La Lagune" may be considered as an intentional misrepresentation and moreover a false statement.

We hope urgent and immediate action would be taken by de-recognising the SUNCITY SCHOOL and the authorities would be instructed to give the advertisement with the correct facts.

We have been given to understand that the original approval obtained by Suncity was from the Orchid complex.  Town & Country Planning, Gurgaon had allowed them access through Orchid against which the Association of the Orchid complex has moved the court and obtained a stay from the Honourable High Court.  Since there is a stay on having access to the School from Orchid, the Suncity administration cannot write Orchid complex and therefore to mislead the public they have advertised ““Pre Nursery * classes will be in the new campus in La Lagune, Sector 54, Gurgaon.  

Thanking you,

Yours faithfully

For LA LAGUNE APARTMENT OWNERS ASSOCIATION

KULDEEP KUMAR KOHLI

PRESIDENT

Copy to:

Shri Rajesh Kumar Chaturvedi, IAS

Chairman,

Central Board of Secondary Education,

Shiksha Kendra, 2,

Community Centre,

Preet Vihar,

Delhi – 110092

Shri Joseph Emmanuel

Secretary

Central Board of Secondary Education,

Shiksha Kendra, 2,

Community Centre,

Preet Vihar,

Delhi – 110092

Shri Ranvir Singh

Joint Secretary,

Admin & Legal,

Central Board of Secondary Education,

Shiksha Kendra, 2,

Community Centre,

Preet Vihar,

Delhi – 110092

Shri P.I. Sabu

Director,

Affiliation,

Central Board of Secondary Education,

Shiksha Kendra, 2,

Community Centre,

Preet Vihar,

Delhi – 110092

Mr. Leszek Borysiewicz

Vice-Chancellor,

University of Cambridge,

The Old Schools,

Trinity Ln,

Cambridge CB2 1TN,

United Kingdom

VCO.Enquiries@admin.cam.ac.uk;

Ms. Elisabeth Barlow

Executive Assistant to

University of Cambridge,

Vice-Chancellor,

The Old Schools,

Trinity Ln,

Cambridge CB2 1TN,

United Kingdom

VCO.Diary@admin.cam.ac.uk;

Ms. Louise Renwick

Correspondence Secretary,

University of Cambridge,

The Old Schools,

Trinity Ln,

Cambridge CB2 1TN,

United Kingdom

VCO.Correspondence@admin.cam.ac.uk;

Dr. George Rupp 

International Baccalaureate,
Route des Morillons 15,
Grand-Saconnex, Genève,
CH-1218,
Switzerland

ibid@ibo.org

Phone - +41 22 309 2540

Fax - +41 22 788 2380

Ms. Sally Holloway

Vice Chairman,

International Baccalaureate,
Route des Morillons 15,
Grand-Saconnex, Genève,
CH-1218,
Switzerland

ibid@ibo.org

Phone - +41 22 309 2540

Fax - +41 22 788 2380

Principal Secretary 

Department of Elementary Education,

Room no. 37, 7^th Floor,

Haryana Civil Secretariat,

Sector – 17,

Chandigarh

pssehry@gmail.com;

Director Elementary Education

Department of Elementary Education,

Plot No. 1/B,

Ist Floor, Shiksha Sadan,

Sector-5,

Panchkula

eduprimaryhry@gmail.com;

Additional Director

Administration – I,

Department of Elementary Education,

Plot No. 1/B,

Ist Floor, Shiksha Sadan,

Sector-5,

Panchkula

eduprimaryhry@gmail.com;

Deputy Commissioner

Gurgaon,

Mini Secretariat

First Floor,

Gurgaon

Commissioner of Police,

Gurgaon,

2^nd Floor,

Office of the commissioner of police,

Gurgaon,

Haryana

District Education Officer

Primary,

Mini Secretariat,

Gurgaon

Block Elementary Education Officer

Mini Secretariat,

Gurgaon

KULDEEP KOHLI PETITION - COMMISSIONER POLICE SUNCITY

KULDEEP KUMAR KOHLI

RZ 200B, STREET NO. 3, RAM CHOWK,

SADH NAGAR PART I, PALAM COLONY,

NEW DELHI – 110045

TELEPHONE: 08860332404

                      EMAIL:KULDEEP.KOHLI55@GMAIL.COM

22nd August, 2016

The Commissioner of Police

District Gurgaon,

Commissionerate of Police,

Gurgaon

MISLEADING INFORMATION PUBLISHED BY SUNCITY SCHOOL IN TIMES OF INDIA OF 31.7.2016 WHEREIN IT STATES “PRE NURSERY CLASSES WILL BE IN THE NEW CAMPUS IN LA LAGUNE, SECTOR 54, GURGAON” WITH THE INTENTION TO DECEIVE THE PUBLIC

KINDLY REFER TO OUR E MAIL OF 10.8.2016 and 22.8.2016

Respected Sirs,

We are herewith enclosing a copy of the advertisement released by SUNCITY SCHOOL which is self-explanatory.

In the said advertisement SUNCITY SCHOOL claims that   “Pre Nursery * classes will be in the new campus in La Lagune, Sector 54, Gurgaon.

LA LAGUNE COMPLEX is a complex of 11.3248 Acres and is presently being managed by La Lagune Apartment Owners Association. There is no other complex by the name of La Lagune in Sector 54, Gurgaon. 

La Lagune Apartment Owners Association has neither permitted nor will ever permit the SUNCITY SCHOOL to hold Pre Nursery Classes in the La Lagune Campus, Sector 54, Gurgaon and there is no such “new campus” in the La Lagune complex, Sector 54, Gurgaon as claimed by SUNCITY SCHOOL in their advertisement where SUNCITY SCHOOL proposes to hold Pre Nursery classes.

We would therefore request the concerned authorities to kindly take appropriate action against the management of SUNCITY SCHOOL for releasing an advertisement with wrong facts and hence deceiving the public. This is an act of deceiving the public by fraudulently or dishonestly inducing the public to do or omit to do anything which they would not do or omit if they were not so deceived and this act is likely to cause damage or harm to the public in body and mind. This certainly tantamount to cheating.

                                        

We would, therefore, request you to kindly file an FIR against the Promoters and the management of Suncity.

We have been given to understand that the original approval obtained by Suncity was from the Orchid complex years back.  Town & Country Planning, Gurgaon therefore had allowed them access through Orchid recently against which the Association of the Orchid complex has moved the court and obtained a stay from the Honourable High Court.  Since there is a stay on having access to the School from Orchid, the Suncity administration cannot write Orchid complex and therefore to mislead the public they have advertised ““Pre Nursery * classes will be in the new campus in La Lagune, Sector 54, Gurgaon

This is certainly an act of cheating and hence an FIR should be filed against them as requested above.

We are marking a copy of this letter together with the advertisement to the concerned Boards which have been mentioned in the advertisement and those which have granted permission to the said School or are somehow associated with the same, and would request them to kindly take appropriate action against SUNCITY SCHOOL by de-recognising the SUNCITY SCHOOL with immediate effect.

It appears that the School administration have constructed a school in the complex adjoining La Lagune complex and outside the boundary of La Lagune complex and since they do not have any access to the said school, they have given wrong facts with the sole intention of deceiving the public.

As has already been clarified, we are neither aware of any provision of such facility on our residential campus as per plans of the complex nor have we as RWA endorsed such activity. It may be highly probable that such misrepresentation may have been made on license record with different esteemed offices as well, and we would like to bring to your notice that the possible address description of the school being located in "La Lagune" may be considered as an intentional misrepresentation and moreover a false statement. You are also requested to consider deletion of the same on your record, if deemed so necessary."

We hope urgent and immediate action would be taken by filing an FIR.

Thanking you,

Yours faithfully

For LA LAGUNE APARTMENT OWNERS ASSOCIATION

KULDEEP KUMAR KOHLI

PRESIDENT

 Copy to:

Principal Secretary 

Department of Elementary Education,

Room no. 37, 7^th Floor,

Haryana Civil Secretariat,

Sector – 17,

Chandigarh

pssehry@gmail.com;

Director Elementary Education

Department of Elementary Education,

Plot No. 1/B,

Ist Floor, Shiksha Sadan,

Sector-5,

Panchkula

eduprimaryhry@gmail.com;

Additional Director

Administration – I,

Department of Elementary Education,

Plot No. 1/B,

Ist Floor, Shiksha Sadan,

Sector-5,

Panchkula

eduprimaryhry@gmail.com;

District Education Officer (Primary) (DEO)

Mini Secretariat,

Gurgaon

Block Elementary Education Officer

Mini Secretariat

Gurgaon

Shri Rajesh Kumar Chaturvedi, IAS

Chairman,

Central Board of Secondary Education,

Shiksha Kendra, 2,

Community Centre,

Preet Vihar,

Delhi – 110092

Shri Joseph Emmanuel

Secretary

Central Board of Secondary Education,

Shiksha Kendra, 2,

Community Centre,

Preet Vihar,

Delhi – 110092

Shri Ranvir Singh

Joint Secretary,

Admin & Legal,

Central Board of Secondary Education,

Shiksha Kendra, 2,

Community Centre,

Preet Vihar,

Delhi – 110092

Shri P.I. Sabu

Director,

Affiliation,

Central Board of Secondary Education,

Shiksha Kendra, 2,

Community Centre,

Preet Vihar,

Delhi – 110092

Mr. Leszek Borysiewicz

Vice-Chancellor,

University of Cambridge,

The Old Schools,

Trinity Ln,

Cambridge CB2 1TN,

United Kingdom

VCO.Enquiries@admin.cam.ac.uk;

Ms. Elisabeth Barlow

Executive Assistant to

University of Cambridge,

Vice-Chancellor,

The Old Schools,

Trinity Ln,

Cambridge CB2 1TN,

United Kingdom

VCO.Diary@admin.cam.ac.uk;

Ms. Louise Renwick

Correspondence Secretary,

University of Cambridge,

The Old Schools,

Trinity Ln,

Cambridge CB2 1TN,

United Kingdom

VCO.Correspondence@admin.cam.ac.uk;

Dr. George Rupp 

International Baccalaureate,
Route des Morillons 15,
Grand-Saconnex, Genève,
CH-1218,
Switzerland

ibid@ibo.org

Phone - +41 22 309 2540

Fax - +41 22 788 2380

Ms. Sally Holloway

Vice Chairman,

International Baccalaureate,
Route des Morillons 15,
Grand-Saconnex, Genève,
CH-1218,
Switzerland

ibid@ibo.org

Phone - +41 22 309 2540

Fax - +41 22 788 2380

KULDEEP KOHLI PETITION - ARAVALI CLUB

KULDEEP KUMAR KOHLI

RZ 200B, STREET NO. 3, RAM CHOWK,

SADH NAGAR PART I, PALAM COLONY,

NEW DELHI – 110045

TELEPHONE: 08860332404

EMAIL:KULDEEP.KOHLI55@GMAIL.COM

In the court of CIVIL JUDGE SOHNA.

Ansal Retreat Residents Welfare Association.

…Plaintiff.

Versus

Ansal Properties and Infrastructure Limited.

…Defendants.

Suit for Permanent Injunction.

Application under order 1 rule 10 read with section 151 CPC for impleading the applicant as co- Plaintiff in the present suit.

Sir,

    The applicant most respectfully submits his application as under:

1.            That the above noted suit is fixed for 22.04.2016 in this Hon’ble Court.

2.            That Shri Kuldeep Kumar Kohli, S/o Late Shri Prem Nath Kohli, Shri Arvinder S. Bara S/o Brig. Narinder S. Bara, Col Ram Pal Suhag S/o Shri Karan Singh, Capt. Vijay Malik S/o Dr. D.S Malik and Shri Sudhir Agarwal S/o Shri Jagdish Prasad are the farm plot owners of plot numbers A-2, CL-8, G-5B, C-30,A-33B respectively, situated within the Ansal Retreat Scheme at Village Raisina, Tehsil Sohna, Distt. Gurgaon, hereinafter referred to as the Said Project, of the Respondent in the above titled matter.

3.            That Applicants have devolved the title to their plots and to the common areas along with club in the Said Project in the following manner:

a.     Shri Kuldeep Kumar Kohli S/o Late Shri Prem Nath Kohli aged 62 years r/o RZ 200B, Street No. 3, Ram Chowk, Sadh Nagar Part -1, Palam Colony, New Delhi – 110045  purchased plot number A-2 vide sale deed No. 1568 dated 09.06.2005 from Ansal Properties & Infrastructure Ltd. registered office 115, Ansal Bhawan, 16, Kasturba Gandhi Marg, New Delhi.

b.     Shri Arvinder S. Bara S/o Brig. Narinder S. Bara  aged 72 years r/o D-1000, New Friends Colony, New Delhi – 110065  purchased plot number CL-8 vide sale deed No. 486 dated 19.09.1996 from Ansal Properties & Infrastructure Ltd. registered office 115, Ansal Bhawan, 16, Kasturba Gandhi Marg, New Delhi.

c.     Col Ram Pal Suhag S/o  Late Shri Karan Singh aged 65 years r/o L-194, Third Floor, Road No.-7D, Mahipalpur Extn., New Delhi – 110037,  purchased plot number G-5B vide sale deed No. 1569 dated 09.06.2005 from Ansal Properties & Infrastructure Ltd. registered office 115, Ansal Bhawan, 16, Kasturba Gandhi Marg, New Delhi.

d.     Capt. Vijay Malik S/o Dr. D.S Malik aged 59 years r/o P-8/14, DLF City Phase-II, Gurgaon, Haryana,  purchased plot number C-30 vide sale deed No. 1724 dated 10.12.2003 from Ansal Properties & Infrastructure Ltd. registered office 115, Ansal Bhawan, 16, Kasturba Gandhi Marg, New Delhi.

e.     Shri Sudhir Agarwal S/o Shri Jagdish Prasad Agarwal aged 51 years r/o 59 ESPACE, Nirvana Country, Sector-50, Gurgaon, Haryana, purchased plot number A-33B, vide sale deed No. 48 dated 06.04.2009 from Ansal Properties & Infrastructure Ltd. registered office 115, Ansal Bhawan, 16, Kasturba Gandhi Marg, New Delhi.

4.            That the Applicants are owners of plots in the Said Project, The Applicants maintain that the Plaintiff does not represent in any manner majority or substantial interest of the owners of plots on the Said Project by way of membership. The Applicants along with other owners of plots in the Said Project are co-owners of the common area along with the club house in the Said Project, and any maintenance carried out or right assigned are in trust of such common ownership. Such common ownership is devolved as is apparent form the builder-buyer agreement entered to between the Respondent and every allotee and/or subsequent owner in each plot of the Said Project. The original sale deed between the Applicants and various parties are attached herewith for reference.

5.            That from the above said submissions it is clear that the applicants are the co-owners of the common areas along with club house in the Said Project. The Plaintiff knowing well about the aforesaid sale deeds and rights of the applicants being co-owners, without informing the applicants and without keeping them in confidence and also without taking the consent of the applicants filed the instant suit for permanent injunction in April, 2015. The said proceedings were kept concealed from the applicants with ulterior motive to get the possession of the common areas and club house exclusively to exploit for revenue after injunction on the rights of the Respondent and then to enjoy the possession to the detriment of the common rights of the applicants and to take the plea later that the applicants cannot take the possession due to the Plaintiff's control as  s Resident Welfare Society with an ulterior motive to keep the applicants away from possession for a long time. Whereas the applicants also want to place restrictions/ move for permanent injunction upon the Respondent by pressing the grounds of illegal appropriation and alienation of the common areas along with the club house in the Said Project by the Respondent along with non-maintenance of common areas and club house to the detriment of such properties causing irreparable harm. The Applicants have the intention to take the possession of the common areas and club house in the Said Project for the benefit of the owners of plots in the Said Project, as is apparent from their membership in a Residential Welfare Society, with objectives of maintaining the common areas along with club house in the Said Project representing by way of membership majority strength of co-owners of the Said Project.

6.            That, despite the fact that the applicants are owners  in the above said property, the present suit has been filed on 16.04.2015 by the Plaintiff without disclosing this fact in the suit for permanent injunction and also without taking consent of the Applicants. It is pertinent to mention here that Applicants are the co-owner of the common areas in the Said Project and their rights are at par with the rights of Plaintiff as the Plaintiff is claiming rights derived from its Members who are co-owners of the common areas in the Said Project. Therefore the Applicants are a necessary party.

7.            That the Applicants were informed by the members of the Plaintiff society a few months earlier, who told the Applicants that they are going to get the possession of the common areas and club house in the Said Project from the Respondents by getting a suit for injunction passed from the Hon’ble Court of Civil Judge Senior Division at Sohna with in a short span of time and on this the applicant came to know about the pendency of the suit and also of the Agreement dated 08.04.2015 giving possession of the common areas along with the club house in the Said Project to the Plaintiff in contravention to the rights of the Applicants.

8.            That immediately the Applicants requested the present counsel to inquire as to the proceedings and also to transpire the actual and true facts and on the request of the applicants, the present counsel came to know about the pendency of the present suit and also of the Agreement dated 08.04.2015, in the court of Sh. Mahendra Singh, Civil Judge at Sohna. It is pertinent to mention here that the proceedings pending before the court of Shri Mahendra Singh, Civil Judge Sohna was proceedings for filing of the replication and framing of issues if any as per order dated 19.02.2016.

9.            That the Applicants, being co-owners of the common areas along with club house in the Said Project, are interested as well as necessary parties to the suit for permanent injunction against the Petitioner with subject matter being common areas in the Said Project and the decision of the case in their absence shall not advance the cause of justice.

10.        That the Applicants have reasonable doubts as to the intention of the Plaintiff in being granted exclusive possession of the common areas as well as the club house in the Said Project, pursuant to the Agreement dated 08.04.2015 with the Respondent. Furthermore the Applicants have facts at hand that show such possession being already detrimental to the common interest of co-owners and causing irreparable harm to the property. Applicants reiterate that the Plaintiff does not carry sufficient weight by of membership of co-owners in the Said Project to be in capacity to represent interest of co-owners of the common areas along with club house in the Said Project.

11.        That in case the applicants are not allowed to be impleaded as parties to the present suit, irreparable loss will be caused to the applicants, because the applicants are also entitled to possession of property in dispute and in case they are not impleaded as parties, the Plaintiff will get the possession of the property in dispute and the rights of the applicants as stated above for imposition of permanent injunction against the Respondent from alienating the title in any manner of the common areas and club house in the Said Project will become infructuous.

12.        That there are sufficient grounds for the impleadment of applicants as party to the present petition.

                    It is therefore prayed, that the application may be allowed and the applicants may be ordered to be impleaded as party to the present suit.

Submitted by:

Shri Kuldeep Kumar Kohli