I.A. Nos. 8 and 9 of 2008 in Writ Petition (C) No. 876 of 1996, I.A. Nos. 1-42 in IA Nos. 8 and 9 in Writ Petition (C) No. 876 of 1996, I.A. Nos. 11 and 12 in Writ Petition (C) No. 477 of 1996, I.A. No. 10 in Writ Petition (C) No. 876 of 1996, I.A. Nos. 13-24 in Writ Petition (C) No. 876 of 1996. Case: Okhla Enclave Plot Holders Wel. Assn. Vs Union of India (UOI) and Ors.. Supreme Court (India)
| Case Number | I.A. Nos. 8 and 9 of 2008 in Writ Petition (C) No. 876 of 1996, I.A. Nos. 1-42 in IA Nos. 8 and 9 in Writ Petition (C) No. 876 of 1996, I.A. Nos. 11 and 12 in Writ Petition (C) No. 477 of 1996, I.A. No. 10 in Writ Petition (C) No. 876 of 1996, I.A. Nos. 13-24 in Writ Petition (C) No. 876 of 1996 |
| Judges | K.S. Panicker Radhakrishnan and Dipak Misra, JJ. |
| Issue | Haryana Development and Regulation of Urban Areas Act, 1975 |
| Judgement Date | July 17, 2013 |
| Court | Supreme Court (India) |
Order:
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Heard learned Counsel on either sides at length.
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When the matter came up for hearing on 9.7.2013, in order to give a quietus to the entire dispute, we felt it appropriate that all the parties and their counsel meet together and file a Consensus Memo/Common Note latest by 11.7.2013.
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Following the said order, an undated Memo of Submissions signed by Shri Piyush Sharma (for Okhla Enclave Plot Holders Welfare Association) and Shri P. Narasimhan (for Durga Builder Plot Holder Association) was submitted on 9.7.2013, jointly praying for the following directions:
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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.
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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.
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As regards left out 532 members of Durga Plot Holders Welfare Association (IA 11 & 12), whose claim was not considered or rejected by the Director Town & Country Planning but whose appeal/writ against this is pending in the Punjab & Haryana High Court in WP (C) 368/2005, it may be directed that they would withdraw that Writ Petition from the Punjab & Haryana High Court subject to the condition that Director General would consider their claim afresh after allowing them to furnish proof in support and pass appropriate orders uninfluenced by his earlier decision...
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