Full Judgment Text
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Non-reportable
IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
I.A. Nos. 8 & 9 of 2008
In
WRIT PETITION (C) No. 876 of 1996
Okhla Enclave Plot Holders Wel. Assn. .. Petitioner(s)
Versus
Union of India & Others .. Respondent(s)
WITH
I.A. Nos. 1-42 in IA Nos. 8 & 9 in WP (C) No. 876 of 1996
I.A. Nos. 11 & 12 in WP (C) No. 477 of 1996
I.A. No. 10 in WP (C) No. 876 of 1996
I.A. nos. 13-24 in WP (C) No. 876 of 1996
O R D E R
JUDGMENT
Heard learned counsel on either sides at length.
When the matter came up for hearing on 9.7.2013, in order
to give a quietus to the entire dispute, we felt it appropriate that
all the parties and their counsel meet together and file a
Consensus Memo/Common Note latest by 11.7.2013.
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Following the said order, an undated Memo of Submissions
signed by Shri Piyush Sharma (for Okhla Enclave Plot Holders
Welfare Association) and Shri P. Narasimhan (for Durga Builder
| ) was | submitte |
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praying for the following directions:
1. DGT&CP Haryana be directed to take over the
available licensed area as indicated in his affidavit and
retain it in his custody to facilitate the process of
allotment till further orders. He shall be responsible for
watch and ward, care and custody of this property and
will be its custodian till the dispute is resolved.
2. DGTPC Haryana may be directed to take steps
thereafter to finalize a final list of claimants taking in
regard the exercise already undertaken by him,
pursuant to this Court’s direction dated 22.4.2013 the
identification/determination of 2196 entitlements by
the Ld. Court Commissioner, besides 844 persons by
DGTCP under the Order of Hon’ble Punjab & Haryana
High Court for inclusion in the entitlement list. While
doing so he (DGT&CP) be required to scrutinize the
already prepared list of claimants to remove
duplication if any in Commissioner’s report and his own
list and then proceed to prepare a final list of claimants
based on the available record for submission to the
Court.
JUDGMENT
3. As regards left out 532 members of Durga Plot Holders
Welfare Association (IA 11 & 12), whose claim was not
considered or rejected by the Director Town & Country
Planning but whose appeal/writ against this is pending
in the Punjab & Haryana High Court in WP (C)
368/2005, it may be directed that they would withdraw
that Writ Petition from the Punjab & Haryana High
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| icants in | IAs bef |
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4. The DGT&CP may also be directed that after going
through this process and after looking at the emerging
picture if he finds that available plots (category-wise)
in two categories of EWS and NPNL are sufficient to
meet the requirement of finalized claimants he shall
submit a draft allotment list to the Court. In case he
finds any deficiencies of plots he shall direct the
builder to make it good from his “General” category
area as stated by his counsel Mr. Sarbjeet Sharma on
his instructions before the Court on 9.7.2013.
5. The Director General may also be directed to exercise
his statutory power under the Haryana Development &
Regulation of Urban Areas Act 1975 to take steps to
ensure that internal development of the licensed area
is completed within 3 (three) months and also to
explore in exercise of such powers to undo any
encroachment on 766 plots.
JUDGMENT
6. That it may be further directed that any proceedings in
any Court on the subject matter shall stay and remain
in abeyance to facilitate the resolution of the dispute
and that no further proceedings shall also be
entertained by any Court on the subject matter till
further orders from this Court.”
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To ascertain as to whether the directions sought for are
acceptable to all the parties, we are inclined to post the
matter on 18.7.2013. Ordered accordingly.
……………………………..…J.
(K. S. RADHAKRISHNAN)
………………………………..J.
(DIPAK MISRA)
New Delhi,
July 17, 2013
JUDGMENT
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