OKHLA ENCLAVE PLOT HOLDERS’ WELFARE ASSOCIATION versus UNION OF INDIA AND OTHERS

OKHLA ENCLAVE PLOT HOLDERS’ WELFARE ASSOCIATION versus UNION OF INDIA AND OTHERS

The Court directed that members of the petitioner association who bought plots from the Colonizer are entitled to the land as per the approved layout; the Colonizer’s claim to any portion of the land can be considered by the Arbitrator only if the Colonizer pays outstanding licence renewal fee of Rs.21,86,97,901 (as on 28.02.2019) with interest @6% from 28.02.2019 and reimburses amounts spent by DTCP on watch and ward (about Rs.1.25 crores) and other charges; DTCP produced estimates that internal and external development works require Rs.117,00,00,000 plus 10% contingency (total Rs.128,70,00,000) and will undertake work only after receipt of at least 90% of the amount; the...

Parties
Petitioner: Okhla Enclave Plot Holders’ Welfare Association; Respondent: Union of India; Respondent: State of Haryana; Respondent: Director, Town and Country Planning, Haryana (DTCP); Respondent No.6 Colonizer: M/s Durga Builder Pvt. Ltd.
Jurisdiction
India
Judgment Date
03 October 2019
Procedural Posture
Writ Petition (civil) No. 876 of 1996 Under Article 32 / Matter Referred to Arbitration; Proceedings Treated as a Special Committee of the Supreme Court; Clarifications/directions Issued by the Court
Outcome
Clarifications to Arbitrator answered; directions issued; proceedings characterized as Special Committee; all pending applications closed.
Legal Topics
Colonization Licences, Development Charges, Licence Renewal Fee, Apportionment of Development Costs, Encroachment, Density Norms, Special Committee Proceedings
Urban Development Administrative Law Constitutional Law Arbitration/alternative Dispute Resolution Colonization Licences Development Charges Licence Renewal Fee Apportionment of Development Costs +3 more

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Parties

Okhla Enclave Plot Holders’ Welfare Association

Petitioner

Union of India

Respondent

State of Haryana

Respondent

Director, Town and Country Planning, Haryana (DTCP)

Respondent

M/s Durga Builder Pvt. Ltd.

Respondent No.6 Colonizer

Procedural Posture

Writ Petition (civil) No. 876 of 1996 Under Article 32 / Matter Referred to Arbitration; Proceedings Treated as a Special Committee of the Supreme Court; Clarifications/directions Issued by the Court

Legal Issues

  1. 1 Whether portions of land compositely held under seven licences fall to the share of M/s Durga Builder Pvt. Ltd. given its claim to succession to only two licences
  2. 2 Who will undertake and complete internal and external development and make allotments given the State will not take over the project
  3. 3 Whether density norms can be relaxed for the project

Ratio Decidendi

The Court directed that members of the petitioner association who bought plots from the Colonizer are entitled to the land as per the approved layout; the Colonizer’s claim to any portion of the land can be considered by the Arbitrator only if the Colonizer pays outstanding licence renewal fee of Rs.21,86,97,901 (as on 28.02.2019) with interest @6% from 28.02.2019 and reimburses amounts spent by DTCP on watch and ward (about Rs.1.25 crores) and other charges; DTCP produced estimates that internal and external development works require Rs.117,00,00,000 plus 10% contingency (total Rs.128,70,00,000) and will undertake work only after receipt of at least 90% of the amount; the...

Court Disposition

Clarifications to Arbitrator answered; directions issued; proceedings characterized as Special Committee; all pending applications closed.

Orders

  • Members of the petitioner association identified by the Scrutiny Committee are entitled to land as per the approved layout and the learned Arbitrator shall determine the final list of eligible plot owners applying parameters in order dated 07.05.2016
  • Respondent No.6 (M/s Durga Builder Pvt. Ltd.) may have its claim considered by the Arbitrator only after payment of licence renewal fee of Rs.21,86,97,901 (as on 28.02.2019) with interest @6% p.a. from 28.02.2019 and reimbursement of approximately Rs.1.25 crores spent by DTCP on watch and ward and other incidental...