Okhla Enclave Plot
Holders Wel. Ason. Vs. U O I & Ors [2008] INSC 1795 (21 October 2008)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL ORIGINAL JURISDICTION I.As. NOS. 8 and 9 IN WRIT PETITION (C)
NO. 876 of 1996 Okhla Enclave Plot Holders Welfare Association ....Petitioners
Versus Union of India and Ors. ...Respondents
Dr. ARIJIT PASAYAT,
J.
1.
Prayer
in these IAs is as follows:
"(a) Order a
CBI inquiry or appointment of a Commission under the Chairmanship of a retired
Judge of a High Court to inquire into the title of the lands in question and
how licenses came to be issued without proper verification of ownership of the
same and other issues related to the Colony as suggested by Municipal
Commissioner, Faridabad, in his letter No.MCF/STP/2003/239 dated 25.7.2003.
(b) Appoint Receiver
to take over the colony from the Colonizer.
(c) Direct
development of the colony by the Receiver after fulfillment of all formalities
under the Act in a time bound manner; and (d) Pass such other order(s) as this
Court may deem fit and proper in the facts of the case."
2.
Aforesaid
prayers have been made with reference to the orders passed by this Court on
2.12.1999 and 23.11.2000. Grievance of the petitioners is that while they were
in correspondence with the authorities, they received letter from the
Additional Deputy Commissioner, Faridabad, informing them that he had already
sent his report on the enquiry to the Deputy Commissioner, Faridabad, on
22.8.2005. The petitioners also make a grievance that neither they were heard
nor informed about the so called conclusions of the enquiry for about 12
months. They make a further grievance that Colonizer has failed to discharge
his obligations under the Haryana Urban Development Act, 1975 (in short the
`Act') and Haryana Municipal Corporation Amendment Act, 2001 (hereinafter
referred to as the `Amendment Act'). Grievance is also made that the Colonizer
has failed to discharge the obligations as per the licence agreement.
3.
After
hearing learned counsel for the parties we direct as follows:
Mr. H.P. Sharma,
retired member of Delhi Higher Judicial Services is appointed as Court
Commissioner to examine the issues and submit his report to this Court within
four months. The Commissioner shall issue an advertisement to be published in
one English Newspaper and one Hindi Newspaper with wide circulation notifying
that if any person wants to be heard, he/they may appear as individual or in
groups to participate in the enquiry to be conducted by the Court Commissioner.
The cost of advertisements shall be shared by the petitioners, State and the
Colonizer.
The Court
Commissioner shall receive an honorarium of Rs.45,000/-p.m. to be shared by the
petitioners, the State and the Colonizer.
The learned Court
Commissioner shall examine and submit report to this Court on the following
aspects within four months:
(i) How much of the
land was and is in the ownership of Durga Builders Pvt. Ltd. and its sister
companies in Okhla Enclave Colony, Phase I & II, Faridabad in respect of
which licenses were granted by the respondents authorities.
(a) In 1991-92 when
the licenses to develop the colony were granted;
(b) In 1996 when the
present writ petitions were filed; and (c) At present.
(ii) Identification
of the allottees entitled to the plot with appropriate details setting out the
basis on which their entitlement has been determined;
(iii) Extent of the
development works already carried out with appropriate details;
(iv) Cost involved in
carrying out the remaining development works with appropriate details;
(v) Furnishing
account of the money received by the respondent authorities from Durga Builders
and sister companies;
(vi) Furnishing
account of the amount received by Durga Builders and sister companies from plot
holders.
4.
List
these matters after four months after submission of report by the Court
Commissioner.
.................................J.
(Dr. ARIJIT PASAYAT)
..................................J
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