Saturday, February 23, 2019

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