Facts and updates about Forum's case

Dear member,

Further to disposal of the case of an Association and all other cases of different parties (other than our Forum) by the Hon’ble Supreme Court of India on 3.10.2019. Please note the following facts/ important points/ finding/ observations and situation/ position of our case in present prospective for your kind information, reference and record :-

1.   Ours is a legally settled case with precise orders.

2. Forum have every time provided/ submitted a complete list of its members to the DTCP/ STP/ Govt. Deptt. on their demand and otherwise for verification/ legal process before the Courts of law/ Arbitration Tribunal etc. So, every member of the Forum has its name in these lists. STP has also verified cases on this basis.

3.  Almost all our members about 95% were appeared before the Court Commission (appointed by the Hon’ble Supreme Court in the year 2009 Shri HP Sharma as Court Commissioner) for verification of their claims/ documents. All are covered under the list prepared by Court Commissioner and submitted in the Supreme Court.

4.   Vide orders dated 19.05.2006 passed by the Hon’ble High Court of Punjab and Haryana at Chandigarh in C.M. No. 2971 of 2005 in CWP No. 3311/2001 and the order dated 04.01.2008 passed by the Hon’ble Supreme Court of India in S.L.P. (civil) No. 14843 of 2006, the rights in favour of the members of the Forum has already attained finality. This has also been reflected and affirmed in Procedural Orders No.10 dated 26.11.2016 and Procedural Orders No.11 dated 14.12.2016 passed by the Hon’ble Arbitrator Mr.Vikramajit Sen retired Judge, Supreme Court of India that “the claims for allotment of 567 allottees has also attained finality”.

5.  So, there is no dispute regarding the claims of the members of our Forum, as has already been duly acknowledged and admitted on various occasions and even by the Amicus Curiae before the Hon’ble Supreme Court in its report in the year 2015. Now the question is, why these ifs and buts?:-

·       We had filed writs wherein Govt./ Deptt. is the prime party in the our writs.

·       Builder knows, Govt. knows, other Associations know, now Arbitrator also know our case.

In the light of above facts and recent 42 pages judgment of the Hon’ble Supreme Court, we welcome your valuable suggestions via email.

Our doubts have been proving now true about this verification, re-verification that data/ details pertaining to your plot, name, address, and contact number etc. details have been compromised with the property agents. As these days, most of our members are receiving letters/ phone calls from the property dealers.

Your forum is constantly in touch with legal experts/ consultants and closely monitoring the ongoing developments in the case and appropriate action will be taken accordingly.

For further development in the case, please visit to Forum’s web-blogger http://oeforum.blogspot.in/ otherwise you may contact to:

Sh Shiv Charan Singh, Vice President - 9968013060

Hope for the best. Later or sooner we will get our legitimate rights.

Kindly cooperate and bear with us as the case has now reached to its logical conclusion.

Thanks and regards,

RAKESH VERMA

Secretary

Disposal of all cases in Hon’ble Supreme Court of India on 3.10.2019 - Judgement thereof.

Dear member,

Matters before Hon’ble Supreme Court have been disposed-off by passing the detailed judgement on 3.10.2019. All pending applications before the hon'ble court have also been stand closed by this judgement in the matter of "OKHLA ENCLAVE PLOT HOLDERS’ WELFARE ASSOCIATION" .....Petitioner(s)  Versus "UNION OF INDIA AND OTHERS" ..…Respondents.

Judgement can be downloaded by following link:

https://sci.gov.in/supremecourt/1990/62174/62174_1990_6_1502_17249_Judgement_03-Oct-2019.pdf

It's 42 pages judgement. We have gone through the same. Broadly nothing is seems to be adverse for us and same is forwarded to our advocates for legal advise, guidance and further appropriate action accordingly. However, we are in regular touch with our legal consultants seeking opinion. Any other development, in this regard will be informed to all members through this blogger. An urgent important/ personal actionable information will be shared on contacts# registered with the Forum via WhatsApp/ Email/ SMSs/ Telephonically etc. We advise all our members to read this blog from time to time. You may get register your contact/ whatsapp number, email address, if not registered earlier.

We remain committed to the cause and interest of our members. Thanks for your unbreakable patience, continued help and support.

Personal regards,

RAKESH VERMA

Secretary

Outcome of hearing dated 23.09.2019 in Hon’ble Supreme Court of India

"MATTER DISPOSED"

*** MATTER DISPOSED OFF ON 3.10.2019 ***
-- Judgement awaited --

UPON hearing the counsel the Court made the following 

O R D E R 

By Order dated 05.09.2019 certain clarifications were sought from learned counsel for the parties.

We have heard senior counsel, Mr. Raju Ramachandran, learned amicus and Mr. R. Basant, learned senior counsel appearing for the petitioners-association and Mr. Maninder Singh, learned senior counsel appearing for the respondent-State of Haryana. We have heard Mr. Satvik Varma, learned counsel appearing for the respondent no.6-coloniser.

Judgment reserved.

(MAHABIR SINGH)                   (PARVEEN KUMARI PASRICHA)

COURT MASTER                             BRANCH OFFICER

Status of case after hearing dated 23.09.2019 appearing on court's site is:
Pending - (Motion Hearing PART HEARD MATTERS) Heard & Reserved-Ord dt: 23-09-2019

Outcome of part hearing dated 20.08.2019 and 21.08.2019 in Hon’ble Supreme Court of India

UPON hearing the counsel the Court made the following 

O R D E R  (on 20.08.2019)

We have heard the arguments of Mr. Raju Ramachandran, learned amicus. We have heard the arguments of Mr. Maninder Singh, learned senior counsel appearing on behalf of the respondent-State of Haryana assisted by Dr. Monika Gusain, Advocate.

We have also heard Satvik Varma, learned counsel appearing for respondent no. 6- Coloniser in part.

List the matter tomorrow i.e. 21st August, 2019 at 2.00 P.M.

(MADHU BALA)                     (PARVEEN KUMARI PASRICHA)

COURT MASTER  (SH)                       BRANCH OFFICER

Status of case after today's (21.08.2019) hearing:
Pending - (Motion Hearing PART HEARD MATTERS) Heard & Reserved-Ord dt: 21-08-2019

UPON hearing the counsel the Court made the following 

O R D E R  (on 21.08.2019)

We have heard the arguments of Mr. Raju Ramachandran, learned amicus. We have heard the arguments of Mr. Maninder Singh, learned senior counsel appearing on behalf of the respondent-State of Haryana assisted by Dr. Monika Gusain, Advocate and Mr. R. Basant, learned senior counsel appearing on behalf of the plot holders. 

We have also heard the arguments of Satvik Varma, learned counsel appearing for respondent no. 6- Coloniser.

Hearing concluded. 

Judgment reserved. 

Mr. Aakarshan Aditya, Advocate, seeks permission to withdraw I.A.No.D.No.123941 of 2019 & I.A.No. 123950 of 2019 (for impleadment) and I.A. No.D.No. 123942 of 2019 & I.A. No.D.123959 of 2019 (for direction). 

Permission granted. The said Interlocutory applications are dismissed as withdrawn. 

(MADHU BALA)                     (PARVEEN KUMARI PASRICHA)

COURT MASTER  (SH)                       BRANCH OFFICER

Outcome of hearing dated 23.07.2019 in Hon’ble Supreme Court of India

UPON hearing the counsel the Court made the following 

O R D E R 

We have heard the arguments of learned amicus, Mr. Raju Ramachandran. We have heard Mr. Maninder Singh, learned senior counsel appearing for the respondent-State. We have also heard Ms. V. Mohana, learned senior counsel appearing for the petitionerAssociation and Mr. Satvik Varma, learned counsel appearing for respondent no.6-Coloniser.

Mr. Maninder Singh, learned senior counsel appearing for the respondent-State, has submitted that the State of Haryana would like to file response to the submissions dated on 22.07.2019 filed on behalf of Respondent No.6-Coloniser. In view of above, list the matter on Tuesday, the 20th August, 2019 at 02:00 p.m.

(MAHABIR SINGH)                     (NISHA TRIPATHI)

COURT MASTER                         BRANCH OFFICER

NOTE for  Forum's members, those who have not got updated their present contact/ communication details viz. Mobile/ Whatsapp number, Email/ Postal address etc. may send the same to the Forum via email at okhla.oeforum@gmail.com mentioning with their name and allotted plot number. 

Outcome of hearing dated 11.04.2019 in Hon’ble Supreme Court of India

UPON hearing the counsel the Court made the following 

O R D E R 

Post the matter on Tuesday, the 23rd July, 2019 at 02:00 p.m.

In the meanwhile, learned counsel for the parties shall make short notes/ synopsis putting forth their respective submissions/ suggestions.

(MAHABIR SINGH)                     (PARVEEN KUMARI PASRICHA)

COURT MASTER                         BRANCH OFFICER

Outcome of hearing dated 13.03.2019 in Hon’ble Supreme Court of India

UPON hearing the counsel the Court made the following 

O R D E R 

The State of Haryana, colonizers and the claimants are represented through their respective counsels.

We have heard Mr.Raju Ramachandran, learned amicus curaie along with Ms. Rashmi Nanda Kumar, learned counsel. 

The status report of the State of Haryana (as per their version), response of the colonizers and the claimants (as per their version) have already been filed.

Mr. Raju Ramachandran, learned amicus shall assist the Court by making compilation/ summary/ comparative chart of the response of all the concerned.

List the matter on 11th April, 2019 at 2.00 p.m.

The learned amicus shall file the synopsis on 5th April, 2019 referring to various status reports.

(MADHU BALA)                         (PARVEEN KUMARI PASRICHA)

COURT MASTER (SH)               BRANCH OFFICER

Outcome of hearing dated 14.02.2019 in Hon’ble Supreme Court of India

UPON hearing the counsel the Court made the following 

O R D E R 

We have heard Mr. Maninder Singh, learned senior counsel appearing for the respondent-State of Haryana. We have also heard M/s. K.K. Rai, learned senior counsel appearing for the petitioners-Durga Builders Plot Holders Welfare Association and V. Mohana, learned senior counsel appearing for the petitioners-Okhla Enclave Plot Holders Welfare Association & Ors. We have also heard Mr. Raju Ramachandran, learned amicus. We have heard M/s. Satvik Varma and Mohit Mudgal, learned counsel appearing for respondent no.6.

In order to appreciate the submissions made by the learned counsels, we are of the view that the following details are required to be furnished by the counsels appearing for the parties :

(i) How much is the total extent of land procured by respondent no.6-coloniser/developer, for the purpose of developing the project in question. The details are to be furnished along with the survey numbers/plot numbers of the land. It is also brought to our notice, a portion of the land is encroached by the third parties. A rough sketch is to be supplied showing the entire land of the project and the encroached area.

(ii) Respondent No.6-coloniser, as well as the learned counsel for the State of Haryana, shall file the approved map/layout of the project. The map/layout shall show the position of the plots and the actual physical features of the land as on today.

(iii) What is the total amount of money collected by the 6th respondent-coloniser from the plot owners towards the cost of the land and also towards development charges, for internal and external.

(iv) What is the total amount of money actually deposited by respondent no.6-coloniser before the competent authority, for the purpose of internal and external development out of the money collected from the plot owners.

(v) The total amount of money which has been paid by the plot owners before the competent authority towards development charges, pursuant to orders of this Court dated 07.04.1997 and 02.12.1999.

(vi) The estimate of the amount which is required to complete the project in question including internal and external development charges.

(vii) State of Haryana to file detailed report as to actual physical features of the land including the extent of internal development and external development, if any, already done. The State of Haryana shall obtain instructions and make further submissions and/or suggestions with regard to the development and other relevant issues for resolution of dispute in question. Learned counsels for the parties shall file synopsis/submissions by furnishing details as indicated above, on or before 08th March 2019.

This matter be placed on Board on 13th March 2019 at 02:00 p.m.

(MAHABIR SINGH)             (PARVEEN KUMARI PASRICHA)

COURT MASTER                  BRANCH OFFICER

Outcome of hearing in Hon’ble Supreme Court on 12.02.2019

UPON hearing the counsel the Court made the following

O R D E R 

We have heard the arguments advanced by Mr. Raju Ramachandran, learned amicus along with Ms. Rashmi Nanda Kumar, Advocate. We have also heard submissions of Ms. V. Mohana, learned senior counsel appearing for the petitioner-Association. 

For continuation of the arguments, list the matter on 14th February, 2019 at 2.00 p.m. as part-heard.

(MADHU BALA)                    (PARVEEN KUMARI PASRICHA) 

COURT MA                              BRANCH OFFICER

Outcome of hearing in Hon’ble Supreme Court on 1.02.2019

Dear member,

Sunny greetings for the days ahead.

Your Forum is very closely watching the interests of each and every its member at all the possible levels/ agencies also even in Hon’ble Supreme Court. In continuation, members of the Forum were also present in hearing dated 1^st February 2019 in Hon’ble Supreme Court. On 1.02.2019, Amicus Curiae had filed a "Short Note" report before the Hon’ble Apex Court. A copy of the same has been obtained by the Forum. Suggestions of Amicus Curiae as to how the matter may be finally resolved are reproduced hereunder :-

1. It would be appropriate for the Hon’ble Court to direct the State of Haryana to take over the entire project.

2. The proceedings before Justice Sen be converted into proceedings of a Special Committee instead of arbitration proceedings.

3. Justice Sen may be requested to complete through the Scrutiny Committee, the scrutiny of remaining two categories namely – EWS and General.

4. The final number of eligible applicants may thereafter be determined by Justice Sen.

5. In the light of the final number determined by Justice Sen, the State of Haryana be directed to revise the density norms to the maximum extent permissible under the law.

6. Justice Sen may thereafter determine the amounts payable by the applicants under each category for the completion of the project. The amounts, if any, to be recovered by the State of Haryana and from the Coloniser towards development works may also be proposed by Justice Sen.

7. The amounts proposed by Justice Sen may thereafter be placed before this Hon’ble Court for final orders. However, the eligibility of persons, as finalized by Justice Sen may be treated as final.

8. M/s. Durga Builders and its associate companies be directed to cooperate with the State of Haryana and final eligible plot holders for payment towards development works, registration of sale deeds or any other work as the State Government may direct.

The crux is, Amicus has recommended the Hon’ble Court that DTCP should be directed to take over the project (colony) under Section 8(2) of the Haryana Development and Regulation of Urban Areas Act, 1975.

(माननीय सुप्रीम कोर्ट में दिनांक फरवरी 1, 2019 को Amicus Curiae (यानि कोर्ट के विश्वस्निये / मित्र) ने उपरोक्त अपने सुझाव कोर्ट के समक्ष रखे हैं | मुख्यतः उन्होनें कॉलोनी को हरियाणा सरकार के कब्जे में लिए जाने का सुझाव दिया हैं व माननीय सुप्रीम कोर्ट द्वारा इस पर आदेश किये जाने की सिफारिश की हैं | )

Next date of hearing in this case is 12^th February 2019.

May God bless wisdom to the group/ association those before the Hon’ble Court that now is the time – To end battle and get things settled? So, get report accepted and seek clear directions in time bound manner from the Hon’ble Court.

It is needless to mention that at end of the day, if the rights of our members are being violated at any stage, we have liberty to re-list/ revive our contempt case even after the arbitration award or so.

Further, it is reported that Notices has also been issued by HRERA to the M/s Durga Builders under Section 56 of RERA Act, 2016.

Please log on your Forum's blogger regularly for latest information and developments in our case.

Thanks & regards,

RAKESH VERMA
Secretary