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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  I.A. No. 13, accordingly, dismissed as withdrawn.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 7^th August 2015.

-MP Pandey,

GENERAL SECRETARY.