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
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.
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 Plot Holder Association) was
submitted on 9.7.2013, jointly 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.
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 Court subject to the
condition that Director General would consider their claim afresh
after allowing them to furnish proof in support and pass appropriate
orders uninfluenced by his earlier decision. Whoever is found
entitled from amongst those shall be enlisted in the final list. A
similar exercise shall be undertaken by him in respect of applicants
in IAs before this Court filed after IAs 8 & 9.
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.
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."
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
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