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