RCS Issues Notice to DPS CGHS MC for Criminality in FAR Construction and Accidents

Case: DPS Housing Society (DPS CGHS, Sector 4, Dwarka, New Delhi)

August 28, 2020

As the FAR construction has almost stopped at DPS CGHS after the tragic construction-related accidents, many members are expected to demand their money back from the MC.

In order to avoid legal action, the DPS CGHS residents and construction companies should immediately withdraw their names and stop their association with this criminal activity.

By Rakesh Raman

While the prosecution process has already begun in the estimated Rs. 20-crore corruption scandal of the management committee (MC) of DPS CGHS, the MC has been served a new notice for causing damage in the Society building.

The office of the Registrar Cooperative Societies (RCS) of Delhi Government has issued a notice dated 24.08.2020 to the president / secretary of DPS CGHS about the criminality of the MC in causing serious accidents in the building during the ongoing floor area ratio (FAR) construction. 

With this time-bound notice, the RCS office has given three days’ time to the DPS CGHS MC to respond. The RCS notice also mentions to dissolve (dismiss) the MC and appoint an honest administrator to manage the Society’s work. 

I had filed the complaint about tragic accidents that are taking place in the DPS CGHS building during the haphazard and unplanned FAR construction. The DPS CGHS MC and a group of other members have completely damaged the DPS CGHS building. 

Now, the entire building has become so weak and fragile that the parts of the building are falling at various places. The hammering of the building by the heavy construction equipment has its damaging impact inside the flats also, as the ceiling in many flats is breaking and falling in the rooms and balconies. 

The stones and slabs that are suddenly falling in the building and rooms can be fatal and cause serious injuries or deaths of the people – men, women, children – who live in DPS CGHS. 

The construction is being done so carelessly that some of the flats are flooded with water where it is difficult for the residents to live. And there are frequent disruptions in piped gas supply, electricity, and Internet connectivity. 

As a result of this criminal construction activity of DPS CGHS MC, many residents have started leaving the Society to live at safer places outside. But those who cannot afford new houses outside face a constant risk to their lives because of the dangerous FAR construction. The DPS CGHS MC members and their accomplices are intentionally trying to hurt the residents.

The intention to hurt others is a cognizable offence, which is being committed by the DPS CGHS MC members and the 16-member dubious Strategy Planning Group (SPG) that the MC has formed to carry out illegal FAR construction that is causing accidents in the building.

Thus, it is a case of “attempt to commit culpable homicide.” Under Indian Penal Code (IPC) Section 308: attempt to commit culpable homicide states that

Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Many DPS CGHS flat owners are not able to sell their flats easily because there are hardly any buyers who want to buy flats in this damaged and disputed property. Under distress sales, some residents may sell their flats at drastically lower prices. 

In order to exploit this situation, it is learnt that the DPS CGHS MC members are colluding with property agents to take their share of underhand money from the deals or grab the property of distressed residents.

ACCUSED IN THE CASE AND DEMOLITION

The main accused in this case are the DPS CGHS MC members, the members of the SPG, and the construction companies which are responsible for FAR construction. The names of the accused are: 

MC Members – Neeraj Kumar Vaish, M.N. Sampathkumar, R. Balasubramanian, Ms. Leela Swami, Sandeep Taneja, Manguram Tyagi, and Ms. Naseem Afshaque.

SPG Members: Dilip Rozekar, M.M.Shukla, C.B. Swami, Pranav Kulshreshtha, Ravinder Sharma, O.P. Khanduja, Manish Bisht, Kaushik Banerjee, Narender Kumar, L.S. Thakur, Gaurav Sood, Sunil Bansal, Dr. Alok Varshney, Vineet Dua, Kashmera Randhawa, and Vikas Sharma.

Construction Companies: Vivek & Arti Architects, Om Star Constructions, Design N Design Architects, Team Professional Consultant, and others.

Their addresses have been given to the law-enforcement agencies. If an accused person dies during the prosecution, his/her legal heir will be liable and face the consequences.

Moreover, other DPS CGHS members who are paying money for this illegal and harmful construction are also responsible for the damage and accidents taking place in the building.

As the government has launched an investigation into the illegal FAR construction at DPS CGHS, the construction has almost stopped in the building. Therefore, it is expected that some members who have paid money for construction will demand their money back from the DPS CGHS MC, because they were defrauded by the MC to pay money for an unlawful activity.

Since the DPS CGHS MC members and the members of the dubious Strategy Planning Group (SPG) have brazenly violated the DDA conditions for such construction, the demolition of the unauthorised construction has begun.

A couple of weeks ago, the newly constructed pillars in the first block where maximum construction has taken place were demolished. As the authorities are examining the violations, more demolition of the FAR construction at DPS CGHS is soon expected.

Obviously, the demolition costs and the costs of the restoration of the building to the original state will be paid by the DPS CGHS MC members and the SPG members. Also, the members who have been paying money for FAR construction (which has been deceptively linked with building repairs) are also responsible for the damage and accidents in the building. 

Threats to Me: In order to intimidate and silence me, the accused DPS CGHS MC members and their accomplices are sending multiple threats to me. These include false police complaints against me, threats of physical harm to me, expulsion notices, legal notices, and slanderous attacks on my social as well as professional status. 

I have complained to the Delhi Police, the Home Ministry of the Government of India, and the National Human Rights Commission (NHRC) about the threats that I am receiving from the MC members of DPS CGHS and others. In response to my complaints, the NHRC has issued notice to Delhi Police to protect me and my rights as a journalist.

Note: You can click here to study the criminal record of present and past DPS CGHS MC members and their accomplices.

Free Anti-Corruption Service: This report on DPS CGHS is part of our “Clean House” anti-corruption social service, which covers cases of crime and corruption in Delhi’s cooperative group housing societies. 

You can click here to know more about this service.

By Rakesh Raman, who is a national award-winning journalist and social activist. He is the founder of a humanitarian organization RMN Foundation which is working in diverse areas to help the disadvantaged and distressed people in the society.