Updates on proceedings of Special Committee hearing held on 17.01.2020.

Dear member,

Without prejudice to our settled rights, claims and contentions, in pursuance to para (2) of Procedural Order No.24 dated 5.12.2019 passed by the Special Committee, we have submitted lists of 567 allottees members of our forum before its due date i.e. 10^th January, 2020 to the Justice (Retd.) Vikramajit Sen, Arbitrator and now Chairman of the Special Committee constituted by the Hon’ble Supreme Court vide its judgement dated 3.10.2019. The same is also forwarded to the Director, T&CP (Haryana), Chandigarh and STP/ DTP Faridabad for necessary action and doing the needful in our case accordingly. It is needless to reiterate but to say that the rights of our members have already attained finality by the Hon’ble Supreme Court. Again it has been affirmed by the Hon’ble Arbitration Tribunal in this case vides its orders No.10 & 11 dated 26.11.2016 & 14.12.2016 respectively.

It is reported that few of the groups had not made full payment timely towards the plot sizes in the licensed area/ as per approved site plan and also do not have any allotments in the approved map of the colony but they are pursuing their case with a motto “fighting for fight only” – “क्योंकि लाढ़ना जरूरीः बनाम अब बन गई मजबूरी है |”. However, on the directions of the Hon’ble Supreme Court, density of the colony has already been increased near to its maximum extent for additional allotments to 492 petitioners. Now, the idea of further increase in density above the statutory limit for accommodating defaulters will not make colony “a slum basti”? We are following the all due process of law as per legal advice and participated accordingly. We are closely watching the process of proceedings going-on in this case, our advocate and representatives were also present before the Special Committee hearing on 17.01.2020. Next date is fixed for hearing on 12.02.2020.

It’s a process of law of the land to be followed but we are expecting some favourable outcome soon.

Kindly bear with us and hope for the best.

Thanks and regards,

RAKESH VERMA

Secretary

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