In continuation of hearing dated 27th Jan., 2014, the case was again came before the Hon’ble bench on 3rd Feb.,2014 and after hearing the plea of Counsels as well as the views of Director General Town & Country Planning Haryana, the following Order/direction issued:
“Heard counsel on either side.
Application for impleadment is allowed.
Learned counsel appearing the applicant is direted to serve a copy of the application to all the parties.
Heard Mr. V. Shekhar, learned senior counsel appearing for Durga Builders, Mr. Rannjan Mukherjee, learned counsel appearing for the Okhla Enclave Joint Action Committee.
At this stage we are concerned with the question as to whether the colonizers could take up the internal development of the colony which falls under Phase-I, or in their absence, the Town and Country Planning Department could take up the development work.
We have now a list containing names of 492 allottees, but how many of them have already paid the amount to the Director General, Town & Country Planning , Govt. Of Haryana directly or to the Colonizer, is a matter to be considered. Mr. Anurag Rastogi, Director General Town & Country Planning, Govt. Of Haryana is personally present before this Court and submit that if any amount has been received from the plot owners that will be given credit to or else the expenses for internal development has to be met by the plot owners/holders or the Colonizers. In order to give a quietus to the issue , we are inclined to give a direction to the Colonizers and the representatives of the owners/holders to remain present on 05-02-2014 at 2.00 P.M. at the Head Office of Director General T&C Planning, Govt. Of Haryana, at Chandigarh and all the parties would cooperate for reaching a final conclusion with regard to the internal development.
Needless to say, parties can produce all relevant documents before the DGTP, Govt. Of Haryana in support of their contentions.
The Director General also submitted that by merely paying the amount either by the plot owners/holders or by the Colonizers it would not be possible to take up the entire internal development of both the phases unless the entire amount is made available by the Colonizers or by the plot owners/holders or allottees.
The Director General further submitted that they would be able to take up the internal development work only if the entire amount is made available by the Colonizers or by the plot owners/holders.
To begin with, let the Durga Builders give all their details to the Director General on the specified date so also the representatives to the plot owners/holders. Further, if any amount has been paid by the plot owners/holders directly to the Town & Country Planning Department that should be given credit to.
Post on 24.02.2014.
Personal presence of the parties, as directed earlier, is dispensed with for the time being.
Till the matter is finally decided no further alienations shall be made either by the Colonizers or by the plot owners or the allottees.
-GENERAL SECRETARY (HONORARY)