RWA Committee to Run the Club in Future
At the RWA Half-Yearly General Body Meeting President DD Mishra put up for discussion the new Lease Agreement of the Club land signed with Noida authority.
Most members seemed to be at a loss as to how to decipher the agreement, whether it was for the good of the Club or not. However, one thing was clear – the New Club Land Lease/ License Agreement Completely Dilutes the Role of the Club Committee, especially that of Non-Resident committee members.
The agreement will totally change the vision of the Club as laid down by PK Kaul our past president and the Founder of the Club. The present Club committee members, especially those who are not part of the RWA committee, and the non-resident committee members were at a total loss and didn’t know how to react to the new agreement. If they showed their disagreement, they felt, it would imply that they are against their own fellow residents and their interests.
Past President Inderjit Sial who has been in the forefront of developing the Club to its present high status, was visibly upset. Even though he was unwell, he drew out a list of issues that would hamper the future working of the Club vis-a-vis the new agreement (see his points in the next column)
To implement the new agreement within the present Club Constitution will be a big challenge. The only way this is possible is if the RWA takes over the Club and forms a new identity. If this happens, there is a fear that non-residents who hold around 48% of the membership, could take the new agreement to court and fight a long battle. If this happens, the working of the Club will be hampered and the Club operations would be in some sort of trouble.
Points Raised by Inderjit Sial:
With reference to the renewed Lease Deed dated 21st November 2023 between RWA & NA, there appears to be certain significant deviations, aberrations, misgivings, and omissions vis-à-vis the original License Agreement [Lease Deed] that had been signed on 02 April 1993 Accordingly, these are being highlighted and tabled for deliberations / discussions by the General Body:
Brief background of the lease signed for taking additional land from Noida for Building Sports & Cultural Club 15A.
A license agreement was signed on 2nd April 1993 between Noida (Grantor) & RWA 15A (Licensee) wherein the Grantor had built a community centre of 117.54 sq. meters Noida (Existing Library & Card room, Guard room & tennis court constituted community centre in 1993, contrary to the misunderstanding by some residents that whole Club is community centre) wherein RWA agreed to take up the community centre which existed in 1993 as per NOIDA records and its adjoining land (a park and Sector road) for the establishment of Sports & Cultural Club 15A.
RWA was given the land in the community centre which existed in 1993 only on the condition that it build a Sports Club on land appurtenant to the community centre Plot no.225A of 8042 sq. meter.
The Management of the Club would be as per its own constitution and bye-laws. The Club was formed to provide sports & cultural facilities, Bar & dining facilities etc. for its members since RWA is not allowed by its constitution to carry these activities.
Following was the main point put up by him for consideration
As per Clause 5 of the old Licence Agreement
• Management of the Club would be in accordance with its bye-laws and the bye-laws are being made a part of this deed along with agreement of the Managing Committee of the Club to abide by the terms & conditions of this lease. As per page 1 of new lease deed:
It clearly states that plot no 225 A of 8042.71 Meter adjoining the community centre earmarked for the use of the Club is being leased to RWA 15A on the condition that the Club management committee will be constituted of elected RWA members only [this also contradicts subsequent Clause 9 of the renewed Lease Deed].
This is against the Club Constitution & Bye-laws which were made a part of the original License Agreement vide Clause # 5 and which clearly states the requirement of composition of a Club Management Committee for the management of the Club.
The Right to change the composition of Club Management Committee rests with the General Body of Club & not NOIDA or RWA 15A and the Club General body will also have to amend its constitution by following the laid-out procedure to make this change.
The Affidavit given by the 1993 Club Management committee & its President to NOIDA as a part of the land allotment condition for the Club has now been breached by the existing signatories of the renewed Lease Deed.
