VidhiSangh

Supreme Court of India · 25/04/2025

OKHLA ENCLAVE PLOT HOLDERS WEL. ASON versus UNION OF INDIA THROUGH SECRETARY & ORS.

[2025] 4 S.C.R. 2397 · 2025 INSC 573

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Summary

In proceedings arising from a 1996 Article 32 petition by allottees of the Okhla Enclave colony at Faridabad, where a single-member Special Committee (Justice Vikramjit Sen, retd.) had finalised eligible allottees, the Court disposed of a batch of interlocutory applications. It referred late claimants to the Special Committee, modified its order of 03.10.2019 so that general-category allottees held ineligible for multiple plots within one family may join the second round of scrutiny, required 480 members of the appellant association who never submitted to scrutiny to appear before the Scrutiny Committee, refused to review the Committee's final list, deferred part-payment NPNL claimants to a second phase, and directed the State of Haryana on the plotted-area share, a fresh layout plan and encroachments.

Issues

  1. Which of the pending interlocutory applications should be decided by the Court and which referred to the Special Committee.
  2. Whether the order dated 03.10.2019 should be modified so that the one-plot-per-family condition in the Special Committee's procedural order of 07.05.2016 does not disqualify general-category allottees who paid market price.
  3. Whether 492 allottees claiming registered sale deeds, of whom only 12 had appeared before the Scrutiny Committee, were entitled to demarcation of plots without submitting to scrutiny.
  4. Whether names included in or excluded from the Special Committee's final list of 16.01.2023 could be reviewed, and how NPNL claimants who paid full land cost but only part or no development charges should be treated.
  5. Whether an investor's dispute with the erstwhile colonizer fell within the Special Committee's mandate.
  6. What directions were required on the State of Haryana's queries about demarcation and the land available for plotted development.

Held

Result

Directions issued. IA for modification of the order dated 03.10.2019 allowed; applications of late claimants referred to the Special Committee; 480 unscrutinised allottees to appear before the Scrutiny Committee within four weeks; other IAs disposed of as infructuous, rejected with liberty, or deferred to the second phase; State of Haryana to prepare a fresh layout plan within 10 weeks and colonizer to pay dues within 6 weeks.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 2397.