The Supreme Court recently constituted a one-member high-powered independent committee headed by former Allahabad High Court Justice Sudhir Kumar Saxena to finalise the list of genuine members and subsequent purchasers entitled to multi-storeyed flats in NOIDA [New Okhla Industrial Development Authority v. Kendriya Karamchari Sehkari GN Samiti & Ors.]
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana constituted the committee on September 24 after observing that the verification process remained deadlocked despite repeated affidavits and directions.
"Having regard to the fact that this process has remained inconclusive despite repeated affidavits and directions and considering that a large number of the original allottee-members have been awaiting the fruits of litigation for over three decades, we are satisfied that an independent verification mechanism to decide the competing claims and implement this Court’s earlier directions is necessary," the Court ordered.
The dispute stemmed from a long sequence of litigation concerning the Kendriya Karamchari Sehkari GN Samiti. In 2022, the top court had directed the New Okhla Industrial Development Authority (NOIDA) to allot multi-storeyed flats to 844 identified members of the Society, while ordering the claims of 133 subsequent purchasers to be examined.
However, subsequent applications led to conflicting claims between NOIDA and the Society over the exact figures of original members and subsequent buyers, with revised counts fluctuating to 863 original allottees and 120 subsequent purchasers.
NOIDA resisted including subsequent purchasers, contending that original allotment letters prohibited transfers without prior permission and pointing out that original allotments were cancelled in 1998. Conversely, the Society argued that NOIDA failed to act on transfer requests and noted that refund cheques were never encashed.
Taking note of the continuing stalemate three years after its initial judgment, the Court authorised Justice Saxena to determine his own procedure, examine records, and hear the claimants to conclude the verification.
"The one-member committee shall be at liberty to devise its own procedure, including calling for such documents and hearing the concerned members/claimants as it may consider necessary. NOIDA, the respondent-Society, and all claimants shall extend full cooperation," the Bench directed.
The Supreme Court instructed the committee to submit its report within eight weeks.
The Court directed NOIDA to provide complete secretarial and logistical assistance to the committee.
The matter will be heard again on December 2.
[Read Order]