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Constitutional · Reportable judgment

Okhla Enclave Plot Holders Wel. Ason. vs Union of India Through Secretary & Ors.

Court
Supreme Court of India
Date
25 April 2025
Case No.
Miscellaneous Application No. 1290 of 2022 In Writ Petition (Civil) No. 876 of 1996
Bench
Vikram Nath, Prasanna Bhalachandra Varale
Citation
[2025] 4 S.C.R. 2397 : 2025 INSC 573
Acts & Sections
Development and Regulation of Urban Areas…
Supreme Court Reports [2025] 4 S.C.R. 2397 : 2025 INSC 573
Issue for consideration
Redressal of grievances of the allottees/plot holders.
Headnote

Housing – Residential colony – Builder purchased approx.235 acres of land in Faridabad, Haryana for establishing a residential colony – In view of the bilateral agreement with the Director, Town and Country Planning, the Builder was required to allot plots in the various categories – Allottees made deposits; however, the Builder/Colonizer did not adhere to the terms and conditions of the allotment agreement – In 1996, allottees filed writ petitions before this Court, writ petition disposed of in 2019 – After the disposal of the writ petition, the Single Member Special Committee appointed in 2016 continued with its exercise of resolving the issues and finally submitted its report in 2023, report was accepted – However, a number of applications had come up by allottees of different categories praying for redressal of their grievances who could not approach the Special Committee in time – On request, Special Committee, agreed to continue to deal with further applications from the defaulters, those already filed or those that may be filed – Pending applications were examined by the amicus curiae as to whether those applications were required to be dealt with by this Court or the Special Committee – Note submitted – Applications that needed to be examined and disposed of by the Special Committee, referred to the Special Committee – Second category of applications consisted of those applications which alleged some grievances before the Special Committee or which need to be adjudicated upon by this Court:

Held: Applications examined in detail, appropriate orders issued – Directions issued to State of Haryana to demarcate plots and public facilities in a feasible way to ensure that maximum number of allottees can be accommodated. [Paras 11-43]

Keywords: Residential colony · Colonizer · Okhla Enclave Plot Holders’ Welfare Association · Durga Builder Plot Holder Welfare Association · Plot holders · Plot buyers · Economically weaker sections (EWS) · Plots on No Profit No Loss (NPNL) basis · Plots to be sold in open market · Single Member Special Committee · Director Town and Country Planning Department, State of Haryana · DTCP

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Vikram Nath, J. 1. M/s Durga Builders (Pvt.) Ltd. (hereinafter referred to as “Builder”) purchased approximately 235 acres of land in Faridabad, Haryana for establishing a residential colony, and obtained licenses from the Director, Town and Country Planning, Haryana under the Haryana Development and Regulation of Urban Areas Act, 1975. It thereafter entered into a bilateral agreement with the Director, Town and Country Planning according to which the Builder was required to allot plots in the following three categories, as detailed below: (i). 20% of the plots of sizes of 50 sq. m
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