KULDEEP KOHLI - PETITION ARAVALI DC ADVICE ALL

KULDEEP KUMAR KOHLI

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

SADH NAGAR PART I, PALAM COLONY, NEW DELHI – 110045

Mobile: 08860332404

                    E MAIL: KULDEEP.KOHLI55@GMAIL.COM

AR/DC/01

29.09. 2016

Deputy Commissioner

District Gurgaon,

1^ST Floor, Mini Secretariat,

Gurgaon,

Haryana

Request to advice all concerned at the time of “Determination of the revenue estate of Raisina and Gairatpur Bas as per the orders of Honourable High Court of Punjab & Haryana”.

Dear Sir,

The Raisina Aravali Retreat Resident Welfare Association hereinafter referred to as RARRWA, a duly registered body under the Haryana Registration and Regulation of Societies Act, 2012 is an Association of the owners of the farm houses at Ansals Aravali Retreat, Village Raisina, Tehsil Sohna, District Gurgaon, representing the interest of most of the farm land owners.  The Raisina Aravali Retreat has total farm 675, out of which 218 are of 2 Acre and 457 are of 1 Acre.

This entire property as per the existing records falls in Village Raisina and not Village Gairatpur Bas.

Sir, Gairatpur Bas village has been filing cases for many years claiming that lot of area of Ansals Aravali Retreat belongs to Gram Panchayat, Gairatpur Bas but the fact is that the Honourable Courts have never agreed to their requests and have always turned down their petitions.

This issue has been raised earlier in the different Honourable Courts and I am enclosing herewith few recent judgements settling this issue with specific instructions. 

We wish to draw your specific kind attention to the judgement of Honourable Shri J Surya Kant of the High Court of Punjab & Haryana at Chandigarh in the civil writ petition No. 5603 of 2015 in the matter of M/s Delhi Towers & Estates Pvt. Ltd. versus of State of Haryana & others.  The said writ petition was disposed with the following directions.

“The Deputy Commissioner, Gurgaon is directed to constitute a team comprising:

(i)          District Revenue Officer, Gurgaon or Senior Most Tehsildar of Gurgaon District.

(ii)        Block Development and Panchayat Officer of the Block in which both the villages fall.

(iii)   Consolidation officer from the Department of Consolidation.

(iv)      Field Kanungo.

(v)        Forest range Officer.

(vi)      Patwaries of both the villages along with complete revenue records.

The above stated team shall firstly, after going through the entire revenue and consolidation records, determine the total revenue estate of each village, if already not determined, after comparing the pre and post consolidation numbers.

Thereafter the revenue boundaries of both the villages shall be determined/ demarcated at the site.

The location of the land purchased by the petitioner shall be measured and demarcated at the spot to find out whether it exclusively falls within the revenue estate of village Raisina or it overlaps the revenue estate of village Gairatpur Bas.

The petitioner as well as Gram Panchayats of villages Raisina and Gairatpur shall be associated at all stages while conducting the above stated proceedings.

If need be, the assistance of retired revenue officials who are well conversant with the area may also be obtained.

On completion of the above stated exercise, if it is found that that the petitioners have encroached upon any area within the revenue estates of village Gairatpur Bas which vests in the Gram Panchayat of that village, they shall have to vacate such area at their own within three months, falling which the Gram Panchayat shall be at liberty to initiate proceedings under Section 7 of the 1961 Act.”

A copy of the last order of the Honourable High Court of Punjab & Haryana at Chandigarh 19.9.2015 is enclosed herewith – Annexure II).  I am also enclosing herewith the following additional documents for your kind information on the issue so that the matter is closed for ever.

    i.     The order of the Assistant Collector cum SDO, Gurgaon South dated 25.4.2016 based on the order of the Honourable High Court of Punjab & Haryana, at Chandigarh as Annexure - Annexure III wherein he has reiterated the order of the Honourable High Court of Punjab & Haryana.

   ii.        A copy of the Affidavit filed by the Respected Deputy Commissioner as Annexure IV wherein he is confirming through an Affidavit before the Honourable Court of Punjab and Haryana that the land pertaining to Ansals Aravali Retreat wherein my farm is situated is has been purchased in Village Raisina and not Village Gairatpur Bas.

Sir, as you are aware the core issue raised in these cases is whether the land purchased by the petitioner falls within the revenue estate of village Raisina, Tehsil Sohna, District Gurgaon or it falls within the revenue estate of village Gairatpur Bas of the same sub division?  If the first question is answered in affirmative and the subject land is held within the revenue of estate of village Gairatpur Bas and not Raisina, yet another question that required determination would be whether such land was owned by the vendors from whom the petitioner had purchased it and does it vest in the Gram Panchayat?.

It is obvious that the demarcation and dimensions of the parcels of land purchased by the petitioners are also required to be determined and carried out so as to resolve the dispute between them and the Gram Panchayat of village Gairatpur Bas.

Respected Sir, the issues involved in this matter can have huge repercussions on the holding of innocent farm house purchaser who bought this property almost 25 years back and that is the reason for the Honourable Court ordering such a systematic process to be followed for demarcation of the property.

We have been given to understand that some newly elected members of Governing Body of Gairatpur Bas Panchayat are once again claiming that some area of the above Ansal Aravali Retreat belongs to their village where as the fact is that the Honourable High Court of Punjab and Haryana has already ordered the guidelines to be followed for consolidation and determination of the revenue estate.

Respected Sir, in view of above, kindly advice all concerned authorities to follow the guidelines laid by the Honourable High Court of Punjab and Haryana in determination of the revenue estate of Raisina and Gairatpur Bas and any act by any of the revenue authorities and the Town and Country Planning in violation of the guidelines laid by the Honourable High Court of Punjab and Haryana would tantamount to contempt of the orders of court.

Thanking you,

Yours faithfully

KULDEEP KUMAR KOHLI

Copy to:

District Town Planner

Enforcement,

Department of Town and Country Planning,

HUDA Complex,

Sector – 14, Gurgaon

Tehsildar

Sohna,

District Gurgaon,

Haryana

KULDEEP KOHLI- PETITION ANSAL ILLEGAL AND ARBITRARY AGREEMENT

KULDEEP KUMAR KOHLI

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

SADH NAGAR PART I, PALAM COLONY, NEW DELHI – 110045

Mobile: 08860332404

                    E MAIL: KULDEEP.KOHLI55@GMAIL.COM

             

24.9.2016

Shri Vinod Saigal

Director,

Ansal Properties and Infrastructure Limited,

11th Floor, Ansal Bhawan,

16, Kasturba Gandhi Marg,

New Delhi – 110011

Respected Shri Vinod Saigal Ji:

SUBJECT: NOTHING MORE THAN 15% (WITHOUT THE INTEREST) SHOULD BE PAID AGAINST THE DUES OF THE
MAINTENANCE AGENCIES

This has reference to the discussions our representative Mr. Kuldeep Kumar Kohli had with you in connection with reference to the old dues pertaining to the maintenance agency.

We thank you for confirming that nothing more than 15% should be paid to the maintenance agency with regard to the dues accruing to the individual farms. Moreover, this 15% is to be calculated on the actual amount due without the  interest component and this is applicable only till the time the agency was operating at Ansals Aravali Retreat.

You have kindly agreed to this recognising the fact that no money has been spent on the maintenance of Ansals Aravali Retreat and hence only 15% is a fair amount to cover the cost of staff salaries and sundry expenses.

In view of the discussions we had we are now advising our members of this offer of payment of 15% of the basic amount without interest.

We will also table this proposal in our General Body Meeting, scheduled for 25th September 2016 for information, views and approval of the farm owners.

We have been given to understand that the farms of many farm owners have not been transferred /registered in their name and are still in the name of Ansals. Ansals ask for a the complete payment of the maintenance charges  whenever the farm owners approach for registration of their farms.

We propose to inform the farm owners about this in our GBM and it is up to them to take it forward with you by paying 15% as agreed by you or less.

Thanking you,

Yours faithfully

KULDEEP KUMAR KOHLI

KULDEEP KOHLI PETITION DC Re: ARAVALI

KULDEEP KUMAR KOHLI

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

SADH NAGAR PART I, PALAM COLONY, NEW DELHI – 110045

Mobile: 08860332404

                    E MAIL: KULDEEP.KOHLI55@GMAIL.COM

             

19.09.2016    

The Deputy Commissioner,

District Gurgaon,

First Floor,

Mini Secretariat,

Gurgaon

Request for non registration of  ILLEGAL SALE OF UNDIVIDED COMMON AREA, in Ansals Aravali retreat, VILLAGE RAISINA, TEHSIL SOHNA, DISTRICT GURGAON, HARYANA  by the developers m/s ANSAL PROPERTIES AND INFRASTRUCTURE LIMITED, 115, ANSAL BHAWAN, 16, KASTURBA GANDHI MARG , New Delhi AS PER DETAILS GIVEN HERE UNDER:

A. NIRMAL DYKE – A LAKE ON AN AREA OF APPROXIMATELY 3.6 ACRE TO SHRI NAVDEEP SINGH SOLD AS PLOT NO. E 54A

B. PART OF NURSERY AND SHEETAL KUNJ LAKE AN AREA OF APPROXIMATELY 2 ACRE TO SHRI BAWA KAPOOR SOLD AS PLOT NO. E 17 C

C. OFFICE OF AN AREA OF 1 ACRE TO SHRI KOCHHAR SOLD AS PLOT NO.E 19A

1.  THE  Raisina Aravali  Retreat Resident Welfare Association hereinafter referred to as RARRWA, a duly registered body under the Haryana Registration and Regulation of Societies Act, 2012  is  an Association of the owners of the farm houses at Ansals Aravali Retreat, Village Raisina, Tehsil Sohna, District Gurgaon, representing the interest of most of the farm land owners would like to bring to your notice illegal encroachment and sale of common land collectively belonging to the plot owners of the said Ansals Aravali Retreat.

2.  There has been a huge encroachment of the undivided common area, which appears to in connivance with the developer of the project M/s. Ansal Properties & Infrastructure Limited and its Directors and the officers connected with the project. 

3.  The major areas that have been encroached / or illegally sold include  are:

A. NIRMAL DYKE – A LAKE ON AN AREA OF APPROXIMATELY 3.6 ACRE TO SHRI NAVDEEP SINGH  SOLD AS PLOT NO. E 54A

b. PART OF NURSERY AND SHEETAL KUNJ LAKE AN AREA OF APPROXIMATELY 2 ACRE TO SHRI KAPOOR OR SOME ONE  KNOWN TO ANSALS SOLD AS PLOT NO. E 17 C

C. OFFICE OF AN AREA OF 1 ACRE TO SHRI KOCHHAR SOLD AS PLOT NO.E 19A

4.       I am herewith enclosing a copy of the brochure provided to all the buyers at the time of offering the property in 1989-1990 offering the following undivided common area:  (Annexure 1 & Annexure 2)

a. Drinking water with 14 tube wells already bored and more coming up

b. An overhead water tank with a capacity of 2,50,000 litres and  water pipe lines laid

c. A fishing fan

d. A dyke with a beautiful garden

e. Motorable Roads & Avenues – over 30 kms

f.  Electricity and telephone connections

g. Sheetal Kunj – a beautiful man made lake

h. Planters Club

i.  Children Park cum picnic spot

g. Health club with Sauna and Steam Bath

h. Playground and amusement park

i.  Swimming pool

j.  Mini Golf course

k. Tennis Courts

l.  Badminton Court

m. Squash Court

n. Library

o. Cards room

p. Billiards room

q. Video club

r.  Nursery approx. 2 acres

s.  An office in approx.. 1.25 acres

t.  Approx. one acre land near G 6 plot

u. Approx. one acre land near the entrance from the main road

    and many more facilities

5.   In our meetings with the officers of the m/s ANSAL PROPERTIES AND INFRASTRUCTURE LIMITED, 115, ANSAL BHAWAN, 16, KASTURBA GANDHI MARG , New Delhi, we have been given an unequivocal confirmation that the Lake, Nursery, and office space and other common areas mentioned above  are indeed common areas which belong collectively to the farm owners. 

6. We are enclosing herewith copies of a few communications addressed by us to the m/s ANSAL PROPERTIES AND INFRASTRUCTURE LIMITED, and their Senior Officers. After discussions with the senior officers they have repeatedly given us assurances that the developers would ensure and help us, with all possible means to that the undivided common area encroached, inter-alia,  by the people mentioned above, would be restored to the RARRWA  as the undivided common areas for use of the plot owners. (Annexure 3, 4, 5 and 6)

7. It may kindly be appreciated  that the undivided common area namely Nirmal Dyke, Sheetal Kunj the lake, Nursery, Office space , among others, etc.  were built by Ansals in the Ansal Aravali Retreat for the benefit of all owners and was a part of an offer luring the buyers to invest and buy the farm houses and constituted as part of the offer, and it being factored in the sale price, due to the cost of such infrastructure having been obtained from the owners by the builder, such infrastructure as mentioned above are owned as common property by all the owners of the Ansal Aravali Retreat. Therefore , it is both moral, and legal responsibility of the Ansal Properties and Infrastructure Limited towards the owners to ensure that the undivided common area is not sold by them as selling the same would be blatant abuse and criminal breach of such trust.

8. We are enclosing herewith the extracts from a Map prepared by Ansals Aravali Retreat prepared sometimes in 1990 which had been handed over by them to the office of the Town & Country Planning, Government of Haryana and which gives the details of all the plot owners but there is no mention of the plot numbers now illegally occupied by the people named above, which clearly means that these plots never existed at the time of the entire area being offered to the buyers and have now been created out of the undivided common area and sold illegally as claimed by the RARRWA  { people who claim to be owning to the said plots.} Annexure 7 & 8 )

PRAYER

9.  In view of what has been mentioned above we would request your kind indulgence in ensuring that the sale of the above plots are not registered by the office of the Tehsildar, Tehsil Sohna, District Gurgaon and Patwari, Tehsil Sohna, District Gurgaon and necessary directions   in this respect to all concerned authorities

10.  We would also request you to kindly initiate {take} legal action against the sellers and buyers of the above common areas and all those connived, conspired, aided and abetted in this unholy and illegal transactions {wrong doers if the property has been sold and also against those who have purchased the property as this properly never belonged to the seller ie.} including M/s Ansal Properties & Infrastructure Limited or its Officers or its Directors who have been a party in this illegal and unethical act in violation of its responsibility as the vendor developer .

11.  We would like to reiterate the areas stated above are common undivided areas for collective use and ownership of the plot owners, and would be happy to provide any additional information/evidence as may be required by the concerned authorities. We seek and beseech your intervention to protect the innocent, responsible, and law abiding plot owners, majority of whom are senior citizens, many of whom have served the government in responsible position and find it unpalatable to suffer gross injustice by ingenious, unethical and illegal perpetrators. 

  

Thanking you,

Yours faithfully

KULDEEP KUMAR KOHLI

Copy to:

Tehsildar,

Tehsil Sohna,

Gurgaon

Patwari,

Tehsil Sohna

Gurgaon

KULDEEP KOHLI - PETITION ANSAL UNDIVIDED COMMON AREA

KULDEEP KUMAR KOHLI

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

SADH NAGAR PART I, PALAM COLONY, NEW DELHI – 110045

Mobile: 08860332404

                    E MAIL: KULDEEP.KOHLI55@GMAIL.COM

19^th September, 2016

Shri Vinod Saigal

Director,

Ansal Properties and Infrastructure Limited,

11th Floor, Ansal Bhawan,

16, Kasturba Gandhi Marg,

New Delhi – 110011

   

ILLEGAL SALE OF UNDIVIDED COMMON AREA AS PER DETAILS GIVEN HEREUNDER BY ANSAL PROPERTIES AND INFRASTRUCTURE LIMITED, 115, ANSAL BHAWAN, 16, KASTURBA GANDHI MARG, NEW DELHI – 110001, THE DEVELOPERS OF ANSAL ARAVALI RETREAT, VILLAGE RAISINA, TEHSIL SOHNA, DISTRICT GURGAON, HARYANA :

1. NIRMAL DYKE – A LAKE ON AN AREA OF APPROXIMATELY 3.6 ACRE TO SHRI NAVDEEP SINGH

2. PART OF NURSERY AND SHEETAL KUNJ LAKE AN AREA OF APPROXIMATELY 2 ACRE TO SHRI BAWA KAPOOR.

3. OFFICE OF AN AREA OF 1 ACRE TO SHRI KOCHHAR

UNEQUIVOCAL CONFIRMATION GIVEN BY SHRI SAMIR KUMAR SINGH, MANAGING DIRECTOR, STAR FACILITIES MANAGEMENT LTD  ON 19.9.2015 THAT THE LAKE, NURSERY, AND OFFICE SPACE WERE UNDIVIDED COMMON AREAS WHICH BELONGED COLLECTIVELY TO THE FARM OWNERS AND REITERATED BY YOU ON 19.9.2016 WHEN OUR REPRESENTATIVE MR. KULDEEP KUMAR KOHLI, MET YOU IN YOUR OFFICE

Respected Shri Vinod Ji:

We wish to draw your kind attention to the discussion we had with you in your office on the morning of 19.9.2016. It was such a delight and pleasure meeting and interacting with you. Your affable and friendly disposition, willingness to discuss all issues, and offer of whole hearted cooperation, enabled us to identify the issues, and share ideas on synergizing our efforts to address the issues for a win-win situation to our mutual advantage.

The interaction also helped clear the misinformation being spread about the Ansal taking an adversarial position on common areas, including the misappropriation of parts of the Lake, Nursery and the Office space, retrieval of the common area misappropriated by Mr. Navdeep Singh, Mr. Bawa Kapoor and Mr. Kochhar, demolition of the wall raised by Mr. Navdeep Singh and Mr. Bawa Kapoor. 

During the discussion you were kind in informing us that the boundary placed by Mr. Navdeep Singh on Nirmal Dyke – A Lake on an area of approximately 3.6 Acre is illegal.

You were also kind in informing us that the owners have all the right to access to this lake anytime they wish as this is a part of undivided common area which belongs collectively to the owners of the farm land in Ansal Aravali Retreat.

During the discussion we had also raised the issue of an area of 2 Acres comprising of nursery and the part of Sheetal Kunj lake which is in the custody of some individual by the name of Shri Bawa Kapoor, and the issue of sale of the office area to Mr. Kochhar by Ansals measuring 1.25 Acre by Ansal Properties and Infrastructure Limited.

On this issue as well you were kind in informing us that the property is undivided common area and therefore is the collective property of the owners of the farm land in Ansal Aravali Retreat.

You had then confirmed to assist RARRAWA  in demolition of the wall illegally constructed by Mr. Navdeep Singh and Mr. Bawa Kapoor and to retrieve the parts of land and lake misappropriated by them, as well as retrieve the office space  sold to Mr. Kochhar , which  was very heartening.

Your unequivocal confirmation that the Lake, Nursery, and office space, were indeed common areas which belonged collectively to the farm owners was very factual and encouraging.  We were very pleased with your assurance that Ansals would help us, with all possible means.

It may kindly be appreciated that the undivided common area namely Nirmal Dyke, Sheetal Kunj the lake, Nursery, Office space, among others, etc.  were built by Ansals in the Ansal Aravali Retreat for the benefit of all owners and was a part of an offer luring the buyers to invest and buy the farm houses and constituted as part of the offer, and it being factored in the sale price, due to the cost of such infrastructure having been obtained from the owners by the builder, such infrastructure as mentioned above are owned as common property by all the owners of the Ansal Aravali Retreat. Therefore, it is both moral, and legal responsibility of the Ansal Properties and Infrastructure Limited towards the owners to ensure that the undivided common area is not sold by them as selling the same would be blatant abuse and criminal breach of such trust.

We would request you to kindly take necessary action as assured by you to Shri Kuldeep Kumar Kohli, representative of RARRWA, in the larger and enlightened self interest of the Ansal Properties and Infrastructure Limited, as an ethical, law abiding, and responsible developer. Please be assured that the RARRWA would strive for an amicable resolution of these issues, as early as possible.

With Warm Personal Regards

Yours sincerely

KULDEEP KUMAR KOHLI 

Copy to:

M/s Ansal Properties and Industries Limited

115, Ansal Bhawan,

16 K.G. Marg,

New Delhi – 110001

Shri Sushil Ansal

Chairman,

M/s Ansal Properties and Infrastructure Limited,

115, Ansal Bhawan,

16 K.G. Marg,

New Delhi – 110001

Shri Pranav Ansal

Vice-Chairman & Managing Director,

M/s Ansal Properties and Infrastructure Limited,

115, Ansal Bhawan,

16 K.G. Marg,

New Delhi – 110001

The Managing Director

Pro Facilities Services Pvt. Ltd.,

5 Mathura Road,

Jangpura A,

New Delhi – 110014