Monday, July 27, 2015




email:  okhlaenclave@gmail.com
Cell Nos. 9818233779,  9868102781


Dear Members,

The detailed Order dated 15-07-2015 of Hon’ble Apex Court are as under:

“O R D E R
I.A. No. 13 OF 2014

Mr.V. Giri, learned senior counsel seeks permission to withdraw this application in order to move the appropriate forum.  The prayer is allowed.  I.A. No. 13, accordingly, dismissed as withdrawn.

We have heard learned counsel for all the parties including the learned counsel appearing in the write petitions as also in the other interlocutory applications.

At the very outset, we are not inclined to entertain these writ petitions and interlocutory applications, except Interlocutory Application Nos. 8 and 9 in Writ Petition (Civil) No. 876 of 1996, and to adjudicate their title in respect of the area where they alleged to have been in occupation. Those writ petitions and interlocutory applications are hereby dismissed.

However, the writ petitioners and the other petitioners who have filed interlocutory applications are give liberty to move the appropriate forum by filing suits/other proceedings for adjudication of their title and possession.

The interim order, if any, passed in these writ petitions and interlocutory applications shall continue to be in force for a period of three months so that they may file applications before the Court where suits or proceedings that may be filed and pray for interim relief.

It is made clear that while hearing the interlocutory applications or passing order, the Court concerned shall not be prejudiced by the orders passed by this Court.  We further direct that the suits or proceedings, if any, that may be filed by these persons shall be decided as expeditiously as possible, preferably within a period of one year.

So far as the interest of the petitioners in IA Nos. 8 & 9 is concerned, having regard to the orders passed by this Court on 1.7.2013, 10.7.2014 and 4.8.2014, before we finally adjudicate the matter, we direct the Director General (DG), Town and Country Planning to file a fresh affidavit giving the details of the land available, excluding the land alleged to have been occupied by the encroachers or persons claiming title and also under general category and to state how the persons who have been allotted as far back as in the year 1986 and thereafter shall be accommodated.

It has come from the Bar that it is the builder who is actually involved in the distribution of plots and also alleged to have been committed fraud by transferring the same plot to more than one persons.  The builder is, therefore, directed to file an affidavit giving his explanation and also to state as to how the persons interested shall be accommodated in the land.

In so far as those interlocutory applications filed by the persons other than the alleged encroachers or persons claiming title, they may, if so advised move the High Court for redressal of the grievance.

Put up I.A. Nos. 8 & 9 in Writ Petition (Civil) No. 876 of 1996 after six weeks.
                                                                                                           Sd/-
                                                                                                   J.(M.Y.Eqbal)
                                                                                                              
                                                                                                            Sd/-       
                                                                                                  J.(C. Nagappan)
New Delhi
July 15, 2015


As per above order only our Association is before the Hon’ble Court.  We are arranging the AGM very shortly to explain the factual position, which information will be given to you separately on your Cell and e-mail. However, all members are requested to provide their Cell Nos. as well as e-mail before 7th August 2015.

-MP Pandey,

GENERAL SECRETARY.

Tuesday, July 21, 2015




  email:  okhlaenclave@gmail.com


Dear Members,

With best of your cooperation, we have been pursuing  our Case in the Hon’able Supreme Court of India consistently and vigorously since 1996. In this pursuit we earnestly tried to unite all Associations / groups to fight jointly to achieve speedier justice, despite assurances the false ego of involved leaders seemed to have deterred them to come under common umbrella for the benefit of all genuine plot holders. As such we spearheaded the solo fight braving all sorts of problems like resources crunch, sluggishness of delivery of justice but our ultimate aim of fighting for our rights despite odds kept us in the forefront.

With best of efforts of our learned Advocates, despite some deletions of hearing dates, our case was heard on 15th July, 2015, the ORDER is as follows:

“Upon hearing the counsel, Court made the following ORDER

I A No. 13 is dismissed as withdrawn.

All the writ petitions and interlocutory applications, except Writ Petition (Civil) No. 876 of 1996, are dismissed.

The interim order, if any, passed in these writ petitions and interlocutory applications shall continue to be in force for a period of 3 months.

Put up I A No. 8 & 9 in W P (Civil) No. 876 of 1996 after six weeks.


(Indu Pokhariyal)                                                (Sukhbir Paul Kaur)
Court Master                                                        A R –CUM- P S
                     (Signed order placed on the file)”

As evident from the order, only our Writ Petition is taken up for further adjudication in Apex Court, all other   W Ps / I As have either been dismissed or have been given liberty to be taken up in appropriate court. Earlier the Hon’ble Apex Court had appointed Amicus Curiae to prepare brief for the Court based on details furnished by the Registry, Amicus Curiae also established that our Association representing original allottees, has record of consistent fight.

The General Body meeting is being arranged to apprise you of all details of happenings, resource crunch, future course of action, etc. The defaulters are once again requested to deposit the dues without any delay.

This for your kind information.

-M P Pandey
General Secretary (Honorary)


Tuesday, July 14, 2015



                                                                                                                                                                                       email:  okhlaenclave@gmail.com
Dear Members,

            Lot of calls are being received from the Association members regarding the date of hearing on 8th July, 2015.  Earlier the date of hearing was being shown 8th July 2015 in the advance list of court  but later on our case was deleted from the final list. 

            The above information has already been supplied to all those members who are attached with the Association through WhatsApp.

            Again the date was being shown on 15th July ’15 which again removed. Now we are waiting the final list of next week cases.    It is also added that as & when the case will be heard by the Hon’ble Court, necessary information will be made available to members through this site as well as on WhatsApp.

            Various members have not deposited their legal charges due against them despite of repeated request as well as their names had also been placed in the website of Association.    In future, we will be unable to present our advocate before the court on the due date in case of insufficient fund. We would also like to add here  very clearly  that the Association will be helpless to favour the defaulter members in case of any final judgment/orders comes out.

            M/s. Durga Builder requested before the Hon’ble Court  on 01-02-2014 that 150 plot holders’ (supreme court petitioners) have not deposited  their dues and the Hon’ble Court passed the order to Associations to go before the DGTPC (Govt. of Haryana) on 3rd Feb.’14  & explain their part about the said dues.  The members who have paid the share of their legal charges to Association, those cases have already been settled with the Govt. but we remain silent for defaulter members.

            This is for kind information of members.
           
Regards,
                                                                                                   -MP Pandey,
                                                                                                General Secretary