A-37/3, Bidisha, PH-II

134 C. S. Mukherjee Street

PO: Konnagar, Dist: Hooghly
West Bengal, PIN: 712 235
Dated: Thursday, May 10, 2012

Sri Jyoti Sankar Mondal

CDO (Headquarters)
Co-operation Directorate, Hooghly Range Office
Hooghly Zilla Parishad Building (Old), 1st Floor
P0: Chinsurah, Dist: Hooghly
West Bengal 712 101.

Sri Neel Kamal Singh

CDO (Headquarters)
Co-operation Directorate, Hooghly Range Office
Hooghly Zilla Parishad Building (Old), 1st Floor
PO: Chinsurah, Dist: Hooghly
West Bengal 712 101.

The Deputy Registrar of Cooperative Societies

Co-operation Directorate, Hooghly Range Office
Hooghly Zilla Parishad Building (Old), 1st Floor
P0: Chinsurah, Dist: Hooghly
West Bengal 712 101.

The Secretary
Co-operation Department
Writers' Buildings
Kolkata 700 001
The Registrar of Cooperative Societies

New Secretariat Building

1 K. S. Roy Road
Kolkata 700 001.

The Secretary
Vigilance Commission, West Bengal
Bikash Bhawan
Salt Lake City
Kolkata 700 091.
Ref: Enquiry into the affairs of the Bidisha Cooperative Housing Society Ltd., 134
C. S. Mukherjee Street, PO: Konnagar, Dist: Hooghly, West Bengal, PIN: 712 235.

Sub:

1. Construction of Cycle Stand.

2. Construction of Flagpole base.
2. Purchase of godown and renovation of the same for using as

Community Hall.
Dear Sirs,
An extract is given below published in The Telegraph on 15 January, 2012.
Go by law, not majority opinion, says chief justice
The country's top judge today advised the judiciary to work as independently of
public sentiments as of politics, stressing that courts should deliver rulings
according to the law and not the majority opinion.
"Apart from independence from politics, the judiciary also needs independence
from popular interest," PTI quoted Chief Justice of India (CJI) S.H. Kapadia as
saying while presiding over the Nani Palkhivala Memorial Trust Lecture in
Mumbai.
"The law is not separate from morality. In our (judges') thinking and behaviour,
21

we need to give importance to intellectual integrity. When people say there are
several loopholes in the law, I agree, but the problem arises when there are
loopholes in our (judges') character too."
(Photocopy of the News is annexed hereto.)

We hope that this will not be a mechanical investigation only but an

effective/impartial investigation would go on to bolster our plea.

A Cycle Stand has been constructed

1. violating the mandatory provision of the Sale Deed,
2. violating the Section 64 of the Bye-law of the Society,
3. destroying the Organised Green,
and the same is an offence under Indian Penal Code : Section 405, 406 : Criminal
Breach of Trust.

A Flagpole bas has been constructed 1. violating the mandatory provision of the sale Deed,
2. violating the Section 64 of the Bye-law of the Society,
3. destroying the Organised Green,
and the same is an offence under Indian Penal Code : Section 405, 406 : Criminal
Breach of Trust.
Moreover, the same has not yet placed in any AGM and duly passed by the AGM.

The community Hall is going to be constructed and/or has been constructed

1. violating the mandatory provision of the Sale Deed,
2. violating the Section 64 of the Bye-law of the Society,
3. destroying the Organised Green,
and the same is an offence under Indian Penal Code : Section 405, 406 : Criminal
Breach of Trust.

The Delta:
1. The Deputy Registrar of Co-operative Societies, Co-operation Directorate,
Wage

Hooghly Range Office, Hooghly Zilla Parishad Building (Old), 1st Floor, P0:
Chinsurah, Dist: Hooghly, West Bengal 712 101.
2. The Inspector of Cooperative Societies, Serampore Circle, Serampore,
Hooghly.
3. A. The Secretary, Bidisha Co-operative Housing Society Ltd., 134 C. S.
Mukherjee Street, P0: Konnagar, Dist: Hooghly, West Bengal, PIN 712 235.
B. The Bidisha Co-operative Housing Society Ltd., 134 C. S. Mukherjee
Street, PO: Konnagar, Dist: Hooghly, West Bengal, PIN 712 235.
An extract is given below from the Sale Deed which is made after the purchase of
flat(s) by every allottee-member(s):
"3. Pursuant to an application made by (name and address of the allotteemember(s) and their address) (hereinafter referred t as the said
allottee(s)/confirming party) for the purchase of flat as fully mentioned and
described in the Second Schedule hereunder written (hereinafter referred to as
"the said flat") and agreeing to comply with terms and conditions prescribed by
the Board for the sale of the said flat in the aforesaid project and on tendering a
sum of Rs. 21,000/- (Rupees twenty one thousand only) only alongwith the said
application, the Board has agreed to allot and sell the said flat with an undivided
interest and share in the common areas and facilities/amenities as fully
described in the Third Schedule hereunder written to the said allottee through
the Society for a price settled at Rs. 3,09,400/- (Rupees three lac nine thousand
four hundred) only."
"l.c) The general common areas and facilities provided for the purchasers of flat in
the estate mentioned in the Third Schedule hereto shall at all time be held by the
purchaser and/or allottee member(s) along with other purchasers of flat in the
said project and shall be used and enjoyed by them in common amongst
themselves and neither the allottee/occupier nor any other purchaser of any flat in
the aforesaid estate shall any time be entitled on any ground whatsoever to make
partition or division thereof or to claim to have exclusive right in any manner
whatsoever to any portion of such general common areas and facilities/amenities
and that the purchaser along with the other purchasers of different flats in the
4

aforesaid estate shall use the said general common areas and facilities/amenities
for the purpose for which they are entitled to without hindering or encroaching
upon the lawful rights of other purchasers and occupiers of other flats in the said
Project."
1. Please note the meaning of the words "on any ground whatsoever" and "in
any manner whatsoever".
2. The legal permissibility of the subject mentioned Cycle Stand is to be
considered in respect to the aforesaid mandatory clause of the Sale Deed.
3. The legal permissibility of the subject mentioned Flagpole Base is to be
considered in respect to the aforesaid mandatory clause of the Sale Deed.
4. The legal permissibility of the subject mentioned Community Hall is to be
considered in respect to the aforesaid mandatory clause of the Sale Deed.
There is no Cycle Stand and/or Flagpole base and/or Community Hall in the details
of common area and facilities provided in the Bidisha Housing Project, Konnagar,
Phase-II which is mentioned under Third Schedule. The same is described as Open
Space which is specifically mentioned 5983.724 Sqm.
(Photo copies of the page no. 2, 4, 6, 7 and 8 of the Sale Deed are annexed
hereto.)

An extract is given below from the Bye-Law of the Bidisha Co-operative Housing
Society Ltd.:
"Commencement of Work
64. Before taking up any construction with repair, renovation & maintenance
work the Board of Directors..."
The word 'construction' has been deleted from the Bye-law so that it does not
contradict with the mandatory provision of the Sale Deed, as mentioned above.
1. The legal permissibility of the subject mentioned Cycle Stand is to be
considered in respect to the aforesaid section 64 of the Bye-Law.
2. The legal permissibility of the subject mentioned Flagpole base is to be
considered in respect to the aforesaid section 64 of the Bye-Law.
3. The legal permissibility of the subject mentioned Community Hall is to be
considered in respect to the aforesaid section 64 of the Bye-Law.
Wage

(Photo copy of the page no. 25 of the Bye-Law is annexed hereto.)

An extract of the Section 405 of Indian Penal Code (IPC) is given below:

"Whoever, being in any manner entrusted with property, or with any dominion
over property, dishonesty misappropriates or converts to his own use that
property, or dishonestly uses or disposes of that property in violation of any
direction of law prescribing the mode in which such trust is to be discharged, or of
any legal contract, express or implied, which he had made touching the discharge
of such trust, or wilfully suffers any other person so to do, commits 'criminal
breach of trust'."
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In this context we specifically would like to inform you that

1. The legal permissibility of the subject mentioned Cycle Stand is to be
considered in respect to the Section 405, 406 of Indian Penal Code.
2. The legal permissibility of the subject mentioned Flatpole Base is to be
considered in respect to the Section 405, 406 of Indian Penal Code.
3. The legal permissibility of the subject mentioned Community Hall is to be
considered in respect to the Section 405, 406 of Indian Penal Code.
(Photo copy of the page no. 234 including cover page of the book named "Police
Hand Book" written by Mr. S. K. Lahiri is annexed hereto.)

The Lay Out Plan of Bidisha as well as the Police Housing is given herewith.
1. The organised green has been clearly and specifically mentioned in the Lay Out
Plan where the Cycle Stand has been constructed.
6

2. The organised green has been clearly and specifically mentioned in the Lay Out
Plan where the Flagpole Base has been constructed.
3. The organised green has been clearly and specifically mentioned in the Lay Out
Plan where the Community Hall has been constructed and/or to be constructed.
1. The subject mentioned Cycle Stand has been constructed by destroying the
organised green.
2. The subject mentioned Flagpole Base has been constructed by destroying the
organised green.
3. The subject mentioned Community Hall has been constructed and/or to be
constructed by destroying the organized green.
(Photo copy a Lay Out Plan is annexed hereto.)

On 09.08.2009 in the secretarial report of 5th Annual General Meeting the

Secretary of Bidisha has written as follows:
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The Society agreed the protest against the destruction of the organised green but
ignored the same later on.
(Photocopy of the related two pages of the Secretarial Report is annexed hereto.)

In the minutes of 5th Annual General Meeting the Society has written as follows:

"...the construction could not be started due to different reasons..."

In the said meeting the members protested against the violation of the Sale Deed,
the violation of the Section 64 of the Bye-law and the destruction of the
Organised Green.
(Photocopy of the page no. P-17 of the aforesaid minutes is annexed hereto.)

On 24.10.2009 under ref. no. BIDISHA/09/08 the Secretary of the Society

informed to Mr. Som Subhra Roy, BOD of the Society, and Mr. Surojit Das, BOD of
the Society, as follows:
"5. Area of Cycle Stand is 1101 x 8' = 880 square feet.
7

No assessed as it depends on the way of placing or keeping cycle."

(Photocopy of the aforesaid letter is annexed hereto.)
On 24.10.2009 under ref. no. BIDISHA/41-11/3 the Secretary of the Society inform
to Mr. Ashis Kumar Sanyal & Others as follows:
"iii) Capacity of Keeping CycleArea of Cycle Stand is 880.00 sq. ft. Capacity of keeping Cycle not assessed as
it depends on the way of placing and keeping cycle."
(Photocopy of the aforesaid letter is annexed hereto.)
On 13.12.2009 107 nos. allottee-members given letter to the President regarding
Cycle and/or Two Wheeler Stand with a request of some information, as follows:
"a) Whether you have received any report from competent authority regarding
strength/capacity of the aforesaid stand, if so, kindly arrange to provide us a copy
of the same.
b) Whether all the members simultaneously will be benefited from the aforesaid
stand and are able to use practically/physically for 24 hrs all the time and no one
will be deprived by any means, if so, could you please arrange to issue any notice
in general mentioning clearly the same."
Till the date, no reply has been given by the Society regarding the capacity of the
Cycle Stand.
(Photocopy of the aforesaid letter is annexed hereto.)
On 29.12.2009 under ref. Memo No. 2153 M I 3336 the ARCS issued a letter
addressed to the Society as follows:
"...this office of the undersigned is not in a position to accord any sort of
permission in this respect right now, because, out of 450 nos of existing members
of your society (having 540 no. of flats), the no of members likely to be benefitted
from the proposed cycle stand is not duly furnished (more precisely, the capacity
of the proposed cycle stand is not mentioned).
Now, you are hereby requested to needful for submission of this related
documents in this regard for further course of action from this end."
81

On 30.12.2009 the Society received letter from the ARCS and on the same day
under ref. BIDI/Cycle stand in para 4 the Secretary of the Society replied to the
ARCS through the CI as follows:

"4. Now about the capacity of the proposed stand we may say that the capacity of
the stand is 110 ft x 8 ft. Our estimate is that around 200 cycles can be placed in
the proposed cycle stand."
1. The Secretary did not provide any valid document regarding the capacity of
the Cycle Stand.
2. The Society did not place any document regarding the capacity of the Cycle
Stand into any AGM till date.
3. The Society did not place any sanction plan of the Cycle Stand in any AGM
till date.
4. Please note that on the Secretary of the Society informed to the BOD of the
Society that "not assessed as it depends on the way of placing or keeping
cycle." but informed to the ARCS that "Our estimate is that around 200
cycles can be placed in the proposed cycle stand." The two statements are
completely different to each other.
5. The information is totally baseless and not verified by any LBS.
6. It was a story which the Secretary of the Society manufactured just to
influence the ARCS for obtaining sanction for the Cycle/Two-wheeler Stand
in their favour.
According to the civil science the capacity of the cycle stand is 44 nos. cycles only,
which has been duly accessed by a LBS of Konnagar Municipality.
From the above we believe that the Society provided the story of capacity to the
ARCS just for obtaining sanction for the Cycle/Two-wheeler stand in their favour.
(Photo copy of a Plan regarding capacity of the subject-mentioned cycle stand is
annexed hereto.)

On 31.12.2009 under ref. Memo No. 179/09 the CI, Serampore Circle forwarded
the letter of the Society along with favourable comments which is given below:
91 Page

"...So that construction work for the cycle stand could be started as early as
possible."
1. The aforesaid letter is against the mandatory provision of the Sale Deed.
2. The aforesaid letter is against the mandatory provision of the Bye-Law.
3. The aforesaid letter has helped to destroy the Organised Green.
4. The aforesaid letter has helped to occur an offence like Criminal Breach of
Trust as per the Sec 405, 406 of the Indian Penal Code.
On 04.01.2010 under ref. Memo No. 21 1-3336 the ARCS issued a letter addressed
to the Secretary of Society with an open permission for construction of cycle
stand and the ARCS wrote as follows:

"...you may construct the Cycle Stand provided all the members (and their family)
of your society can get the benefit of it irrespective of caste, creed, colour and sex
for registering peace and tranquility within our society.
At the same time, you are also requested to take necessary measures for
construction of one or more no. of Cycle Stand for further (if any) to meet up the
need as well as demand of the members (General body) over and above the
existing capacity of the proposed Cycle Stand..."
1. The aforesaid letter is against the mandatory provision of the Sale Deed.
2. The aforesaid letter is against the mandatory provision of the Bye-Law.
3. The aforesaid letter has helped to destroy the Organised Green.
4. The aforesaid letter has helped to occur an offence like Criminal Breach of
Trust as per the Sec 405, 406 of the Indian Penal Code.
5. The aforesaid letter has been issued without having any sort of document
as it was asked vide memo no. 21531 3336 dated 29.01.2009.
On 13.02.2010 7 nos allottee-members given letter to the Chairman / President /
Secretary referring earlier letter of dated 13.12.2009 regarding Cycle and/or Two
Wheeler Stand with a request of some information, as follows:

"a) whether you have received any report from competent authority regarding the
strength / capacity of the aforesaid stand. If so, kindly arrange to provide us with
a copy of the same."
10

Till the date, the letter has been ignored and no reply has been given to the
applicants regarding the capacity of the Cycle Stand.

On 13.02.2010 a letter was given to the Chairman regarding the construction of

the Flagpole base.
Till the date the letter has been ignored and no reply has been received.

Considering the letters from 13.12.2009 to 13.02.2010 you will understand two
parallel systems are running in Bidisha.
1. The authority of Bidisha is continuously ignoring to some of the allotteemembers and not providing any information.
2. The authority of Bidisha is providing information to the DRCS and the CI
bypassing the AGM as well as some of the allottee-members.

On 18.02.2010 as letter was given to The Chairman / the Secretary / the Treasurer
as well as copy to various higher authorities with a request to save the
democracy.
Till the date, the letter has been ignored and no reply has been received.

We have submitted several complaints during last 2-3 years regarding the
encroachment in Bidisha by violating the Sale Deed to the following authorities.
1. The Cooperation Department, Writers' Building, Kolkata.
2. The office of the Registrar of Cooperative Societies, Kolkata.
3. The office of the Deputy Registrar of Cooperative Societies, Hooghly Range.
4. The office of the Cooperation Inspector, Serampore Circle.
Till the date, no action has been taken against the violation the Sale Deed
purposefully.
Till the date, no action has been taken against the violation of the Section 64 of
the Bye Law purposefully.
Till the date, no action has been taken against the destruction of the organised
green purposefully.

11IPage

On 18.03.2010 under ref. no. 887-Coop/A/3P-5/10 the Asstt. Secretary to the

Govt. of West Bengal issued a letter addressed to the Registrar of Cooperative
Societies with a copy to the ARCS, Hooghly as follows:
"...I am directed to request you kindly to cause an enquiry into the matter and

furnish a report thereof to this department at an early date..."

Till the date, no action has been taken against the offenders/the accused
purposefully.
On 04.05.2010 under ref. no. 1324-Coop/A/3P-5/10 the Asstt. Secretary to the
Govt. of West Bengal issued a letter addressed to the Registrar of Cooperative
Societies with a copy to the ARCS, Hooghly as follows:

"...l am directed to request you kindly take appropriate action in the matter and
furnish an action taken report to this department at an early date as already
sought for under this Deptt's memo vide 887-Coop. dt. 18.03.2010..."
Till the date, no action has been taken against the offenders/the accused
purposefully.
On 04.08.2010 under ref. no. 2325-Coop/A/3P-5/2010 the Deputy Secretary to
the Govt. of West Bengal issued a 2 nd reminder letter addressed to the Registrar
of Cooperative Societies with a copy to the DRCS, Hooghly and the CI, Serampore
Circle, referring Memo of the IGP, Vigilance Commission, West Bengal bearing No.
1073-V1'O'-Cell/PER(NAR)-426/2010, dated 08.07.2010, as follows:

"...and taking necessary action, as already been asked for twice vide this
Department's earlier Memo No. 887-Coop., dated 18.03.2010 & 1324-Coop. dated
04.05.2010. But surprisingly no information have yet been received by this
Department from your end.
You are, therefore, once again requested to furnish this department with the ATR
as already asked for within a fortnight from the date of receipt of this letter..."
Please note the word 'surprisingly'. Till the date, no action has been taken against
the offenders/the accused purposefully.
On 15.02.2011 under ref. no. 447-Coop/A/3P-5/10 the Asstt. Secretary to the
12 I

Govt. of West Bengal issued a letter addressed to the Registrar of Cooperative

Societies with a copy to the DRCS, Hooghly and the CI, Serampore Circle, as
follows:

"...this Deptt. have observed that (1) a cycle stand / Two Wheeler Stand and a
flagpole base have been made in the free space of the General common areas of
the society violating the mandatory provision of the sale deed. (2) the society has
ignored the Sec. 40 of the W.B.C.S. Act, 1983, corresponding the present 41 of
W.B.C.S. Act of 2006 as well as the 68 of W.B.C.S. Rules, 1987 corresponding the
present 67A of W.B.C.S. Rules, 2011 for disallowing the members to check & verify
the books and documents.
In view of the above, you are requested to send and A.T.R. as already sought for
under the Deptt's Memo. No. 887-Coop. dt 18.03.10 and 1324-Coop. dt 04.05.10
subsequent reminder No. 2320-Coop. dt 04.08.2010..."
Please note the word 'this Deptt. have observed'. Till the date, no action has been
taken against the offenders/the accused purposefully.
No action has been taken place even after several requests / complaints from the
registered members, which is duly approved by the DRCS office as well as the
Cooperation Department.
No action has been taken place even after the letters issued from the Cooperation
Department.
As a result, the Society is continuously engaged several illegal/unlawful works. It
seems that since they believe that no action will be taken from the higher
authority.
On 09.03.2012 we have given a letter to the Society and to the higher authorities
also to inform our objection against the Community Hall.
Till the date, the letter has been ignored and no reply has been received.
The Cycle Stand and the Community Hall will create a massive social problem.
13 I P a

Bathroom, Bedroom, Kitchen and Dining Room of some flats are extremely close
to the expressed construction and 80% visibility (inside) of the expressed rooms is
extremely clear from the said construction. Peeping into rooms' ispossible, which
will create a serious problem, especially to those women and/or children who are
living in those flats.
In the last Audit report the Auditor of Bidisha has mentioned the following:
"...In the grievances made by the members it was pointed out that the bye-laws of
the society the word 'construction' has been deleted but the society is still going
on with the construction work also pointed out that previous year's expenditure
under this head of account is illegal. However the facts brought to the notice of
the departmental officers."
Till the date, no action has been taken against the violation of the Bye-Law.

(Photocopy of page no. 3 of the Audit Report as published by the Society annexed
hereto.)

In case of Flagpole Base, we have observed that no permission has been granted
before execution from the DRCS or from the higher competent authority as per
the section 145(1), 145(2) of the WBCS Act.
Till the date, no action has been taken against the illegal and unlawful work.

In case of the Community Hall we would like to inform you that:

1. No construction can be made in the Open Space within the periphery of the
complex as per the Third Schedule of the Sale Deed.
2. The 'renovation' word is applicable to a 'construction' only. If there is no
construction, renovation is impossible.
3. In the Lay Out Plan provided by the West Bengal Housing Board (WBHB) the
land, as well as the General Common Area, as well as the Organised Green,
as well as the Open Space has already been sold out in the proportionate
rights to the allottee-members. During that transaction with the allotteemembers the WBHB did not disclose in a legal way that there is any
construction exists.
14 I P g

4. Without land, no construction can be sold to the buyer. The buyer cannot
purchase any such construction without land.
5. When the Society is purchasing a godown from the WBHB, it will be treated
as the construction which has been made for the Society by the WBHB.
Hence the WBHB has played the role as a promoter. Hence promoter builds
the construction on behalf of a buyer. After completing the purchase
process all legal liabilities of the construction will be borne by the Society
only. As we have purchased all legal liabilities of the construction of a flat
and general common area from the WBHB.
6. Hence the Society cannot avoid from legal liability of construction by using
the word "Purchase" regarding the Community Hall.
7. We have observed that no permission has been granted before execution
from the DRCS or from the higher competent authority as per the section
145(1), 145(2) of the WBCS Act.
Till the date, no action has been taken against the illegal and unlawful work.

Today:
A. The Act, which is an offence u/s 405, 406 of Indian Penal Code, that has
been placed in the AGM and has been passed by the majority vote as per
the WBCS Act and the Rules, and the same has been approved by the office
of the CI and the DRCS,.
Till the date, the offenders are not facing any judgment for their offence No
action has been taken in favour to the Law and order.

In the similar way, what may happen in future?

B. The Act, which is an offence u/s 300 of Indian Penal Code, will be placed,
passed and approved.
C. The Act, which is an offence u/s 375 of Indian Penal Code, will be placed,
passed and approved.
This may happen in future If today the offenders are not facing any judgment for
their offence.

15

Any type construction in the open space is a monetary loss for us since we have
invested our hard-earned money for Open Space only in the General Common
Areas in Bidisha.
Sirs, during last three years we are complaining regarding the violation of the Sale
Deed, violation of the Bye-Law and Destruction of Organised Green to several
concerned higher authorities but till the date, no justice has been received.
We request you to consider the complaints as per the law and not majority
opinion.
We hope that legal procedure will be drawn against the offenders and justice to
be provided without further delay.

Yours faithfully,

k j)-Ai
[Swarup Modak]

Enclosures:
1. Photocopy of The news published in The Telegraph on 15 January, 2012.
2. Photocopy of Page no. 2, 4, 6, 7 and 8 of the Sale Deed
3. Photocopy of Page no. 25 of the Bye-Law.
4. Photocopy of Page no. 234 including cover page of the book named "Police
Hand Book" written by Mr. S. K. Lahiri.
5. Photocopy of Lay Out Plan.
6. Photocopy of a page of the Secretarial Report dated 09.08.2009.
7. Photocopy of page no. P-17 of minutes of5th AGM.
16I

'

8. Photocopy of letter ref. no. BIDISHA/09/08 dated 24.10.2009.

9. Photocopy of letter ref. no. BIDISHA/41-11/3 dated 24.10.2009.
10.Photocopy of letter of 107 nos. allottee-members given to the Society on
dated 13.12.2009.
11.Photocopy of civil plan regarding capacity of Cycle Stand.
12.Photocopy of page no. 3 of the Audit Report.

17IPage

Page 1 of 2

Populism caution to judges

JUST A NEW NAME

'WEF. 1st June, 2012

0r, a

NOW

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Sunday , January 15 , 2012

Front Page > Story

Populism caution to judges

- Go by law, not majority opinion, says chief justice
PTI AND OUR LEGAL CORRESPONDENT

Jan. 14: The country's top judge today advised the judiciary to work as independently of
public sentiments as of politics, stressing that courts should deliver rulings according to
the law and not the majority opinion.
"Apart from independence from politics, the judiciary also needs independence from
popular interest," PTI quoted Chief Justice of India (CJI) S.H. Kapadia as saying while
presiding over the Nani Palkhivala Memorial Trust Lecture in Mumbai.
"If an order is not in favour of a particular group, then the judge faces a backlash. An
atmosphere is created whereby pressure is exerted on the judge," he added, describing
the reality of public opinion putting courts under pressure.
Justice Kapadia's remarks coincided with a perception that the lower courts, while
deciding bail, were being influenced by community sentiments, egged on by high-voltage
TV coverage. The Supreme Court had recently reminded courts that bail was the rule and
denial the exception, following which many of the 2G scam accused were released from
jail, pending trial.
The chief justice's statement today will also draw attention in Calcutta where seven AMR]
directors have been repeatedly denied bail following the December 9 fire that killed 91
people and stirred popular anger.
To some, Justice Kapadia's comments appeared to reflect a sort of soul-searching within
a judiciary that has increasingly played an activist role in recent years, emboldened by
popular opinion, a governance deficit and a divided legislature.

In his first year in office, Kapadia had himself controversially invoked the "institutional
integrity" doctrine to quash P.J. Thomas's appointment as the chief vigilance
commissioner.

Calcutta Weather

But since then, he has shown a keen awareness of the dangers of judicial overreach
under popular pressure and has been cautioning the courts against upsetting the balance
of power in a democracy.

Relative Humidity:
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Mainly clear sky

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A simultaneous media explosion, they said, too put abnormal pressure on the government
and the judiciary. Pressure groups arose, the PIL culture flourished and judicial overreach
appeared to acquire some legitimacy because of the political class's dwindling credibility.

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On November 26, the CJI had publicly acknowledged the executive's constraints and the
courts' need to exercise restraint.
"The judiciary needs to work in the area demarcated by the Constitution. Awareness about
rights has grown while redress from the executive has been reduced. The executive has
its own compulsions: huge population, lack of resources, high inflation, global economic
reasons," he had said.
His words today came at a time the courts have been criticised for stepping on the
executive's toes by ordering former judges to take over a black money probe.
Senior counsel Rajeev Dhavan, however, refused to interpret the speech as one heralding
an era of judicial restraint. He said Justice Kapadia's views appeared to be more of a

http://www.telegraphindia.com/1120115/jsp/frontpage/story_15008171.jsp

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12.05.2012

Page 2 of 2

Populism caution to judges

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caution against yielding to majoritarianism.

"After all, the courts are the bulwark against majoritarianism the world over," Dhavan said.
The CJI also asked his colleagues to look inwards.
"The law is not separate from morality. In our (judges') thinking and behaviour, we need to
give importance to intellectual integrity. When people say there are several loopholes in
the law, I agree, but the problem arises when there are loopholes in our (judges')
character too."

BIGROCK

Justice Kapadia said judges with "judicial integrity" should not worry about legislation such
as the judicial accountability bill, which has been tabled in Parliament and has apparently
upset a few judges.
He also advised fellow judges to keep themselves abreast of current affairs. "The courts
should realise the consequences of their judgments. In today's time, the law cannot be
separated from economics and finance."
Justice Kapadia regretted that senior lawyers were not contributing to the field of law.
"Senior lawyers are busy making money from Mondays to Fridays. They don't contribute
to the development of the law, because of which the burden falls on the judges. The
judges have to fall back on foreign jurisprudence in the absence of meaningful
contributions from India," he noted.

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12.05.2012

2. rhe Board ir, implementation of the Scheme framed to provide residential

accommodation for MIG type allottees, Inter-alia, erected brick built residential flats
in four storied buildings on more or less 4.941 acres of the land, out of the said total
land referred to above known as Bidisha Housing Project, Konnagar Phase -II more
fully described in the First Schedule hereinafter written.
3. Pursuant to an application made by

Snn/Daughter/Vie of

35

residing at

Lt.

144.
.
411

2
16

5hri/Smt

AS'

b o1.,

eon

gai, a .

a 1 T6.

1 c't

HA

(hereinafter referred to as the said

allottee(s)/confirming party) for the purchase of a flat as fully mentioned and

described in the Second Schedule hereunder written (hereinafter referred to as "the
said flat") and agreeing to comply with terms and conditions prescribed by the Board
for the sale of the said flat in the aforesaid project and on tendering a sum of
Rs 21 19 `f.

ure

(Rupees

4 ;too

ihCU
) only alongwith the said

application, the Board has agreed to allot and sell the said flat with an undivided
interest and share in the common areas and facilities/amenities as fully described in
the Third Schedule hereunder written to the said allottee through the Society for a
price settled at Rs. 2-

SC: '

Ct- (Rupees

u Sc.. -,3%

01,1 sj

) only.

4.The Allottee(s)/Purchaser(s) has/have paid and the Board has appropriated

said sum of Rs 2, 8, 14(Rupees
,S

;.) kic%

the

k.

cy-r f../

only in full payment of the said price on or before execution of deed which the Board
doth hereby admit and acknowledge.
5. Both the allottee(s) and the Purchaser has/have taken inspection of the building
plan and the said flat(s and have satisfied themselves as to the construction
thereof and the condition and description of all fixtures and fittings installed
and/or provided therein and also as to the amenities and facilities appertaining
to the said flat and as to the nature, scope and extent of benefit or interest in
the common areas and facilities/amenities within the said Estate more fully
described in the Third Schedule hereunder written. The peaceful possession of
the said vacant flat shall be obtained by the allottee member(s) as well as the
Purchaser after execution and registration of deed.
6. The Allottee(s) has/have.become a member of the BIDISHA CO-OPERATIVE
HOUSING SOCIETY LIMITED and both the Allottee member(s) and the said
Society requested the Vendor that the said flat be conveyed in favour of the
said Society (the Purchaser) and that the ajJlottee member(s) shall be entitled to
perpetual ;right of possession of the said flat by virtue of his /her's/ their's
membership of the said Society which will be governed by the West Bengal Cooperative Societies Act 1983 as amended from time to time, West Bengal Cooperative Societies Rules 1987 and the register-. - aws of the society.

/7
TD-20O4

P. K IDA NO A

Abet 1-1 nt).+ -

b) The purchaser and/or the allottee(s) shall pay municipal taxes, charges, levies
and impositions payable by the purchaser and/or the allottee-member(s) as owner
and/or the occupier of the said flat as and when becomes due and payable and shall
in addition thereto also pay all other liabilities, charges for repairs, maintenance and
replacements payable by the purchaser or the allottee-member(s) under the
provisions of the West Bengal Apartment Ownership Act, 1972 (as amended) and the
rules and/or bye-laws framed and to be framed there under and/or as may be
imposed as maintenance and management charges by the Co-operative Housing
Society meant for looking after the management, administration and maintenance of
the general common areas and facilities/amenities along with other allotteemember(s)/purchasers in the said Project.
c) The general common areas and facilities provided for the purchasers of flat In the
estate mentioned in the Third Schedule hereto shall at all time be held by the
Purchaser and/or allottee-member(s) along with other purchasers of flat in the said
project and shall be used and enjoyed by them in common amongst themselves and
neither the allottee/occupier nor any other
purchaser of any flat in the aforesaid estate shall any time be entitled on any ground
whatsoever to make partition or division thereof or to claim to have exclusive right in
any manner whatsoever to any portion of such general common areas and
facilities/amenities and that the purchaser along with the other purchasers of
different flats in the aforesaid estate shall use the said general common areas and
facilities/amenities for the purpose for which they are entitled to without hindering or
encroaching upon the lawful rights of other purchasers and occupiers of other flats
in the said Project.
d)

The Board shall not pay the maintenance charges etc. fOr any vacant flat in the

said project as the common areas and facilities/amenities pertaining to the said
project have already been handed over to the said Co-operative Society.
e)
The proportionate undivided interest of the Society in the common areas and
facilities/amenities shall not be transferable except along with the said flat hereby
sold to the Society and shall be deemed to be conveyed or encumbered with the
said flat even though the same is not expressly mentioned in any conveyance or
instrument of transfer,
f)

The purchaser and/or the allottee-member(s) shall not allow the flat to be so

used as to cause annoyance or inconvenience to the owners/occupiers of the

adjoining or neighboring flats/buildings and also shall not allow it to be used for any
unhygienic, unlawful or immoral purposes subversive to the Government established
by law in India,

The expression "PURCHASER" wherever It appears in these presents if the

context so requires shall be read as the 'PURCHASERS" and shall mean and include
its respective successors, legal representatives and permitted assigns.

P. K. PANDA
Aartt 1-stri n
(sIrrn astir
WO* B4"4'41 H.uaiAlmAi

SECOND SCHEDULE ABOVE REFERRED TO

ALL THAT Apartment No f/13 in Block No

(
_floor measuring

about 44.36 Sqm.(approx) plinth area In the

MIG(General-A) / M/G(Deluxe-AD)
Type consisting
of Iwo Bed

Rooms, one Multipurpose Room, one Kitchen, one Toilet and one Balcony.

THIRD SCHEDULE ABOVE REFERRED TO

Details of common areas and facilities
Konnagar, Phase-II of West Bengal
apartments i.e. 512 nos, MIG (General

provided in the Bidisha Housing Project ,

Housing Board comprising of 544 nos.

-A) type and 32 nos. MIG (Deluxe-AD) type

are given below:1. Open Space

2, Roads and Pathways

3. Drainage system

4, Sewerage

5.Water Supply arrangement

5983.724 Sqm.
a)Area of Bituminous Road - 1888,350 Sqm
(approx)
b) Area of concrete Pathways - 272.640
Sqm (approx)
Internal brick built drains are provided to
collect the Bathroom/ kitchen waste,
storm water from the buildings including
compound and finally disposed it to the
nearest municipal drain through above
internal drainage net work of the Project.

Sewerage from toilet of flats to be

collected in septic tank through H C I lines
and connecting S W line with necessary
inspection pits for treatment and
thereafter the treated effluent will be
discharged to nearest Internal drains
through chlorination chamber for ultimate
discharge to municipal drain.
Potable water will be supplied by KMWSA/
Local Body through their one no.
connecting water meter to the Board's
three nos, semi underground R CC water
reservoirs located at different position of
the housing Project connected with
underground water grid lines. The water
charges/ taxes for the supply of water
from KMWSA/ Local Body to the Bidisha
Co-operative Housing Society Ltd will have
to be borne by the allottees and/or 8ldisha
Co-operative Society ltd as per bills to be
raised by KMWSA/ Local Body from time
to time as per their rules.

P.

K.

PANDA
-mrnis3inner-11
Wait legal Housi.,. Boa,

For getting supply of water from KMWSA

an agreement has signed between the
Bidisha Co-operative Housing Society and
KMWSA and the said Society will be solely
responsible to meet up water charges bilis
to KMWSA/ Local Body directly from the
date of taking over charges of common
areas and facilities from the Board.
Water will be lifted from the semi
underground reservoir to the roof top
tanks provided over each Block by
Centrifugal
Pump
and
internal
underground G I Ilne net work and rising
mains. Water from roof top tank will be
distributed to flats through the G I
distribution lines net work.

6 a)Capacity of Semi-Underground
Water Reservoir

a) Three nos. Semi Underground RCC

water reservoirs with Pump Houses
having total capacity of 245 Kilo
Ilters(approx).

b) Capacity of Roof Top Water Tank

b) Two nos. PVC roof top water tank

provided on each building having capacity
of each tank of 4000 liters (approx)

7 Street lighting

Street lights provided along the entire

length of roads and open spaces for
general illumination by fluorescent tube
lights on GI poles and underground cables
controlled from the Pump room.

&Power Supply arrangement

CESC power source is ready In each

building and pump room. The Cooperative Society will have to apply for
meter connection in their name to CESC at
its local office at Mahesh ( Serampore) for
power supply to common areas, stair case
.and pumps and Management Office. As
egards meters of Individual flats, each
allottee will have to apply Individually to
CESC Ltd at its local office.

'r

P. K PANDA
Autt flousina ' ommissner
-17
Wool Bental Housiasi Batt
411

9 Management Office

A two-stoned Management Office provided

excepting Electrical Transformer Rooms In
the ground floor.

10. Sentry Room/ Guard Room

One no. provided.

11. Other common facility

a) Brick built Boundary wall provided

along the periphery of the complex
with a suitable entrance gate.
b) Garbage Vat provided.
Concrete Tiles roof on roof slab on
each building including atic roof.
d)

Stair case with M $ Grill gate at the

entrance of each building.

e) Two nos. Hand Tube Well provided.

f) Children tot lots provided.

12.Other information

a) The management and maintenance of

the common road at the entrance would
be borne by the Bidisha Co-operative
Housing Society ltd and Koikata Police
Housing.

b) CESC authority should have easy

access for work on HT cable line
running through the common road of
Bidisha and Police Housing Project.

Percentage of individual interest in the common areas and facilities appertaining to

each apartment and its owners for all purpose Including equal voting shall be guided
by the norms laid down in the bye laws of the Co-operative Society.

;
K, PANn4
Awn HousInn rn3rinissiori^
Woe BeRgal Houaiag kid

[251
.

Ali documents and receipts required to be signed c behalf of

61.
the society shall be signed by the Secretary along with th, sls,hairman
and one Director duly authorised.
The minutes of all meetings of the Board of Direc rs and of
62.
i Directors
every committe containing such particulars as the Board/
may direct from time to time shall be regularly recon d by the
Secretary or any other officer of committee as the case,ma )e. and the
..ee, as the
minutes of every meeting of the Board of Directors or c6mrn
case may be shall be, signed by the Chairman of t 3 meeting
concerned within seventy-two hours from the time, Pf termil bon of the
meeting. The minutes an signed shall be conclusive evic Ice of the
!
proceeding of that meeting.
The minutes of the meeting of the Board of Directors i d of every
eeting con !rned s a
airman of the meeting
committee so signed b
ecp recdd shall be ke f under the
.,_
be read at the ne ir
i
An which it is r 3.d that the
signature of th .4.:e .. ' an of tha 4lee
ad in'that eeting!-.
minutes were
v..
*kSectitit, by Erni:4 ees
`.i"
any ,paict:,, pointment in he society
63. Eve p9rson , .
- nY ms4n4 of the societ, ;hall before
touching the e te t or #:-, I.-,,,..!en,
....
his offi ''', .tfi nish such se irity as the
entering on the.,,egecutionn
,. t
, ...
.,,
and
.ap pioVlii
Board of Direct() r
-4., ,
GM Ar
.,
_,
e_ ork
. ,, It: ntW
-,9.0--,-(....,,
v..:
work the Board i Directors i
S' .64. Before taking'up any -
Or contractors and c architect. I
a meeting shall choose a ContraCtdrconsidered necessary, for the purpose of execution of it: .Droject after
o publication' of advirtisement inviting tenders in proper fo 1 in at least
,
--)---- one daily newspaper or in two local newspapers and oh I accept the
lowest tender for allotment of work unless otherwise pe litted by the
general body of members.
Provided That
(a) in case of project of an expenditure of five lakh r~ ees or more
publication of tender shall be in a leading daily newspap. of Calcutta.
The society shall in a meeting decide to have the prcjec executed by
architects and contractors.
, r or Director
(b) no person or firm, in which such person is a pan!
acting as nn 'architect shall also act as a contract 'builder and
vice-versa.

\3

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IS

Bichsha Co.-op. Housing Society Ltd.

134, C. S. Nfukherjee Street, Konnagar, Dist. Hooghly, Pin-712235
Registration No. 6 H G of 2004 Dated 11-6-04

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Bidisha Coop. H ousing Societtltd.

Bidisha Co.-op. Housing Society Ltd.

134, C. S. Mukherjee Street, Konnagar, Dist. Hooghly, Pin-712235
Registration No, 6 H G of 2004 Dated 1 1-6-04

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Elidisha
Ho:4ing Sriety

Bidisha, Konnagar, Hooghly.

Date: / ,V [2/09
The President
Bidisha Co-operative Housing Society Ltd.
134 C. S. Mukherjee Street
PO: Konnagar, Dist: Hooghly, West Bengal, Pin: 712 235.
Dear Sir,
Sub: Cycle and/or IWO Wheeier Stand
We have come to know that you are going to build a Cycle and/or Two Wheeler Stand at our Bidisha Housing.
We also have come to know that your attempt is to serve the common interest of members as per the rules
and bye-laws of

the Society. Hope that all the members will get the service simultaneously and no one will be

deprived of by your way of act.

Kindly arrange to inform us in details the following:
a) Whether you have received any report from competent authority regarding s rength/capacity of the
aforesaid stand.

if so, kindly arrange to provide us a copy of the same.

b) Whether all the members simultaneously will be benefited from the aforesaid stand and are able to
use practically/physically for 24 hrs all the time and no one will be deprived of by any means. If so,
could you please arrange to issue any notice in general mentioning clearly the same.
c) Whether a limited number of lucky members will only be benefited from the aforesaid stand. If so,
kindly arrange to inform us the following:
The list of,the lucky members who you will be favoured for use of the aforesaid Stand.

1.

Rules and provisions in the laws and bye-laws of the Society to u>e money from the development

2.

fund for the benefit of the limited number of members.

d) Whether you will pay compensation to the member/s, if anyone, whom you have favourably allowed,
is depriving of from using the aforesaid stand premises by any means.
e) Whether you will declare any Last date for the rest of the unlucky and unfavoured members for using
another Cycle/lwo Wheeler Stand for their use, if you are building the present stand for the limited
number of lucky ones.
f) Whether you will pay compensation to the rest number of members if you fail to provide any
provision beyond the last date.
Whether you have considered the members who have no Cycle/Two Wheeler and will not be

g)

benefited anyway from the aforesaid stand in respect of the common interest of members as per the
rules and bye-laws of the Soc.ety.

Hope to receive your reply within a week and oblige.

Regards,

rle-C

Cc: The Assistant Registrar of Cooperative Society,

61
insura Hboo

p
fi' cdvj
cp, 10,6 'les

Kindly arrange to look into the matter that none of the r4 be s is being deprived of from usi

C.;
he

aforesaid Stand. We did not receive any reply in written even after repeated reminders to the presentSiit5ard of
directors as per their normal practise.

,Flat No.

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3) ti

Date

4.77,e)

SI.No. Name

Contd...Page 2

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1-narked the same we re sent Co the s-ocjety's k.1.7asul'tacr t

i"vKeetjag hekf on07.02.2D11
for his opinion. M/s Pasuba, Konnagar being the lowest bidder was engaged to execute the
work.
the grievances made by the members it was pointed out that in the bye-laws of
the society file W-Ord 'cb-riSfru-c-Tidri has been delifid btit the- society is still going on with
construction wor also pointed out that previous year's expenditure under this heid of
-
e epartment officers.
account is Illegal. However the facts brought to e no ice o
FURNITURES AND FIXURES : After usual description of Furnitures and fixures the
valuation of the above item stood at Rs. 8284.95 as on 31" March,2011.
RECEIVABLE FROM MEMBERS : As on 31" March,2011 amount of Rs.148080.00 was
shown receivable from members. A schedule in support of this item was produced by the
Society which found tallied with book figure.
GENERAL REMARKS :
1. Cheque book should be maintained in the society.
2. Balance in the cash book should be drawn on a regular basis.
3. Engagement/appointment of sweeper as wel as conducting an development ork,
the Management should follow and obey the Bye-Laws of the Society.
4. Register ob Board of Directors should be maintained.
Lastly, I convey my thanks to the Board of Directors for their coopera on extended during
the course of this audit,

'S6'
Date30.1l.l1

Signature of Audit 0 ic