Saturday, July 20, 2013

Orders passed by Hon'ble Supreme Court of India on 18.07.2013


Dear member,

Vide orders dated 17.07.2013, Hon'ble Supreme Court has passed the following orders :- 
"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. 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.
4. 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.
5. 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."

It may be noted that all our members who presented their claims before the Court Commissioner, they all has been accepted.

These orders are favourable orders. We hope that the things are moving now. We will keep you inform the further developments in the matter.

Next date of hearing has fixed for 10th Sept, 2013.
Thanking you for your continued support & cooperation.
Best regards,
 
RAKESH VERMA
Secretary