Okhla Enclave Plot Holders Wel. Ason vs U O I & Ors

Okhla Enclave Plot Holders Welfare Association ....Petitioners

Versus

Union of India and Ors. ...Respondents

JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Prayer in these IAs is as follows:

"(a) Order a CBI inquiry or appointment of a Commission under the

Chairmanship of a retired Judge of a High Court to inquire into the title of

the lands in question and how licenses came to be issued without proper

verification of ownership of the same and other issues related to the Colony

as suggested by Municipal Commissioner, Faridabad, in his letter

No.MCF/STP/2003/239 dated 25.7.2003.

(b) Appoint Receiver to take over the colony from the Colonizer.

(c) Direct development of the colony by the Receiver after

fulfillment of all formalities under the Act in a time bound manner; and

(d) Pass such other order(s) as this Court may deem fit and proper

in the facts of the case."

2. Aforesaid prayers have been made with reference to the orders passed

by this Court on 2.12.1999 and 23.11.2000. Grievance of the petitioners is

that while they were in correspondence with the authorities, they received

letter from the Additional Deputy Commissioner, Faridabad, informing

them that he had already sent his report on the enquiry to the Deputy

Commissioner, Faridabad, on 22.8.2005. The petitioners also make a

grievance that neither they were heard nor informed about the so called

conclusions of the enquiry for about 12 months. They make a further

2 grievance that Colonizer has failed to discharge his obligations under the

Haryana Urban Development Act, 1975 (in short the `Act') and Haryana

Municipal Corporation Amendment Act, 2001 (hereinafter referred to as the

`Amendment Act'). Grievance is also made that the Colonizer has failed to

discharge the obligations as per the licence agreement.

3. After hearing learned counsel for the parties we direct as follows:

Mr. H.P. Sharma, retired member of Delhi Higher Judicial Services is

appointed as Court Commissioner to examine the issues and submit his

report to this Court within four months. The Commissioner shall issue an

advertisement to be published in one English Newspaper and one Hindi

Newspaper with wide circulation notifying that if any person wants to be

heard, he/they may appear as individual or in groups to participate in the

enquiry to be conducted by the Court Commissioner. The cost of

advertisements shall be shared by the petitioners, State and the Colonizer.

The Court Commissioner shall receive an honorarium of Rs.45,000/-p.m. to

be shared by the petitioners, the State and the Colonizer.

3 The learned Court Commissioner shall examine and submit report to

this Court on the following aspects within four months:

(i) How much of the land was and is in the ownership of Durga

Builders Pvt. Ltd. and its sister companies in Okhla Enclave Colony, Phase

I & II, Faridabad in respect of which licenses were granted by the

respondents authorities.

(a) In 1991-92 when the licenses to develop the

colony were granted;

(b) In 1996 when the present writ petitions were

filed; and

(c) At present.

(ii) Identification of the allottees entitled to the plot with

appropriate details setting out the basis on which their

entitlement has been determined;

(iii) Extent of the development works already carried out

with appropriate details;

(iv) Cost involved in carrying out the remaining development

works with appropriate details;

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(v) Furnishing account of the money received by the

respondent authorities from Durga Builders and sister

companies;

(vi) Furnishing account of the amount received by Durga

Builders and sister companies from plot holders.

4. List these matters after four months after submission of report by the

Court Commissioner.

.................................J. (Dr. ARIJIT PASAYAT)

..................................J. (C.K. THAKKER) New Delhi, October 21, 2008

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