Anjali Goel vs. The State Of Uttar Pradesh Through Principal Secretary

ITEM NO.21

COURT NO.3

SECTION XI

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) $No(s)$ . 9792/2017

(Arising out of impugned final judgment and order dated 17-05-2016 in WC No. 22576/2016 passed by the High Court Of Judicature At Allahabad)

RAVI PRAKASH SRIVASTAVA & ORS.

Petitioner(s)

Respondent(s)

VERSUS

THE STATE OF UTTAR PRADESH & ORS.

IA No. 69796/2022 - APPLICATION FOR PERMISSION
IA No. 188678/2019 - APPLICATION FOR TRANSPOSITION
IA No. 13360/2020 - APPLICATION FOR TRANSPOSITION
IA No. 106640/2017 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 124744/2021 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 101089/2021 - CLARIFICATION/DIRECTION
IA No. 32854/2019 - EXEMPTION FROM FILING O.T.
IA No. 98779/2021 - EXEMPTION FROM FILING O.T.
IA No. 107733/2021 - EXEMPTION FROM FILING O.T.
IA No. 142809/2021 - INTERVENTION APPLICATION
IA No. 188654/2019 - INTERVENTION APPLICATION
IA No. 87910/2021 - INTERVENTION APPLICATION
IA No. 9559/2020 - INTERVENTION APPLICATION
IA No. 125057/2021 - INTERVENTION/IMPLEADMENT
IA No. 101087/2021 - INTERVENTION/IMPLEADMENT
IA No. 125047/2021 - INTERVENTION/IMPLEADMENT
IA No. 124993/2021 - INTERVENTION/IMPLEADMENT
IA No. 124987/2021 - INTERVENTION/IMPLEADMENT
IA No. 124741/2021 - INTERVENTION/IMPLEADMENT
IA No. 107732/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 11113/2019 - PERMISSION TO FILE ADDITIONAL
<b>DOCUMENTS/FACTS/ANNEXURES</b>
IA No. 83985/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 69802/2022 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
<b>WITH</b>
SLP(C) No. 15548/2017 (XI)
TORICAL STATE ORDERS/DIRECTIONS)<br>TORICAL STATE ORDERS/DIRECTIONS)<br>TORICAL STATE ORDERS/DIRECTIONS)<br>TORICAL STATE ORDERS/DIRECTIONS)
🖏 te : 22-07-2022 These matters were called on for hearing today.
CORAM:

HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE J.B. PARDIWALA

Ms. Pyoli, AOR Mr. Somesh Chandra Jha, AOR Ms. Meenaksha Arora, Sr.Adv. Mr. Somesh Chandra Jha, AOR Mr. Rahul Narang, Adv. Mr. Ravindra Kumar, Sr.Adv. Mr. Binay Kumar Das, AOR Mr. Priyanka Das, Adv. Ms. Neha Das, Adv. Mr. Vinod Diwakar, AAG Ms. Alka Sinha, Adv. Mr. Anuvrat Sharma, AOR Mr. Navin Prakash, AOR Ms. Srishti Prakash, Adv. Mr. Saket Singh, Adv. Mr. Abhishek Kumar Singh, AOR Ms. Pallavi Baghel, Adv. Mr. Prashant Mathur, Adv. Ms. Indra Sawhney, AOR Mr. Amrendra Kumar Mehta, AOR Mr. Sharique Hussain, Adv. Mr. M. Yogesh Kanna, AOR Mr. E. C. Agrawala, AOR Mr. Shiv Ram Sharma, AOR Mr. Vishwaditya Sharma, Adv. Mr. Himanshu Munshi, AOR Mr. Amit Kumar Chourasia, Adv. Mr. Manish Garani, Adv. Mr. Avinash Kumar Bharti, Adv. Mr. Vipin Kumar Jai, AOR Mr. S. R. Setia, AOR Mr. Satish Kumar, AOR Mr. Abhishek Naik, Adv. Ms. Gulefsha Kureshi, Adv. Mr. Mrigank Kr. Adv. Mr. Mrigank Prabhakar, AOR

Mr. Rajesh Singh Chauhan, AOR Mr. Sanjeev Singh, Adv. Ms. Ridhi Pahuja, Adv. Mr. Dhruv Chawla, Adv. Mr. Harikesh Singh, Adv. Mr. Satish Hooda, Adv. Mr. R.D. Jatain, Adv. Mr. Satyendra Kumar, AOR Mr. Govind Bhardwaj, Adv. Mr. Pradeep Kumar Shukla, Adv. Mr. Sanjeev Malhotra, AOR Mr. Jeetender Gupta, AOR Mr. Pramod Dayal, AOR Mr. Nikunj Dayal, Adv. Mr. Sanjay Jain, Adv. Mr. Rakesh Kumar, Adv. Ms. Rangoli Seth, Adv. Mr. Neeraj Kumar Verma, AOR Mr. Anuj Chauhan, Adv. Mr. Aniket Tomer, Adv. Mr. Rahul Chauhan, Adv. Mr. Vaibhav Singh, Adv. Mr. Abhishek Dhankar, Adv. Mr. S. Sevendu, Adv. Mr. Hitesh Kumar Sharma, Adv. Mr. S.K. Rajora, Adv. Mr. Akhileshwar Jha, Adv. Mr. Vivek Sharma, Adv. Ms. Shweta Sand, Adv. Mr. Amit Kumar, AOR Ms. Anju Jain, Adv. Mr. Hitesh Sachar, Adv.

UPON hearing the counsel the Court made the following O R D E R

We have heard learned counsel for the parties.

The Housing Commissioner-cum-Registrar, Cooperative Housing Society (Respondent No.5),

has submitted compliance report in the form of affidavit, which indicates that 38 applications were received before the cut-off date i.e. 08.09.2021. In addition, 15 more applications were received in the Office of the Registrar after 08.09.2021.

In other words, the Registrar has verified the claims of 52 applicants in all; and finally found that 50 applicants are able to substantiate their claims of having made payment to the Builder/Society for the tenements in the Society/Project under construction.

Mr. Amar Dave, learned counsel appearing for India Bulls Housing Finance Ltd. (Respondent No.13), submits that there are at least seven more persons whose claim need to be considered by the Registrar as the said Respondent had advanced loan to those persons concerning this very project, but it seems that they have not approached the Registrar for verification of their claims due to unavoidable circumstances. The details of those seven

4

persons1 have been mentioned in the affidavit filed on behalf of respondent No.13.

	Similarly,	Mr.		Pramod	Dayal,	Mr.
Jeetender Gupta and Mr. Sanjeev Malhotra,
learned	counsel		appearing		for	the
Intervenor(s)/Impleader(s)					in	I.A.
No.125047/20212,		I.A.		Nos.125057/20213,		I.A.
No.124987/20214,			124993/20215;		I.A.	No.
142809/20216						and I.A. No.98909/20227, submit
that they are also representing the home buyers
and they may also be permitted to submit
necessary claim applications/documents to the

• <span id="page-4-0"></span>1 (i) Vijay Kumar Sahai - HO5, Sector 23, Near KL Mehta Dayanand School, Faridabad; (ii) Tarun Arora - SE 272 Shastri Nagar Ghaziabad; 144/1, Pandav Nagar, BS Road, Industrial Area, Ghaziabad; (iii) Aditya Malhotra - House No. 2824, Sector 7A, Faridabad; (iv) Anurag Yadav - Flat No. 611, Sector 5, Pushp Vihar, New Delhi (v) Shailendra Pratap Singh; (vi) Arun Nair - C-4-B/38, Janakpuri, New Delhi; (vii) Rabish Kumar - S55/11 DLF Phase 3 Gurugram
• <span id="page-4-1"></span>2 Manu Garg, R/o 226/3, Mangal Pandey Nagar, Meerut, U.P.
• <span id="page-4-2"></span>3 P.K. Dublish, R/o 1-A, Mission Compound, Meerut, U.P.
• <span id="page-4-3"></span>4 Rakesh Taneja and Veena Taneja, Both R/o 63, Arya Nagar, Savdhana Road, Kanker Khera, Meerut, U.P.
• <span id="page-4-4"></span>5 Rajeev Jindal, H.No.123, Opp. Kali Mandir, VPO Badripur Jogiwala, Dehradun-248005 (Uttrakhand)
• <span id="page-4-5"></span>6 (i) Mukesh Arneja, S/o Late Sh. Govind Lal Arneja, R/o C-1/21, First Floor, Model Town, New Delhi-110009; (ii) Ravi Choudhary, S/o Shri Rajinder Singh, R/o C-77, Malviya Nagar, New Delhi-110017 and (iii) Ritu Choudhary, W/o Mr. Ravi Choudhary, R/o H.No.131, Vaishali Enclave, Marg-3, Palam Road, New Delhi-110045
• <span id="page-4-6"></span>7 Rajnikant Bajpai @ R.K. Bajpai, S/o Lt. Shri Rama Shanker Bajpai, R/o A-103, Madhuban Society, Sr. No.36/4, Near Sai Chowk, Balewadi, Pune, Maharashtra,

Registrar.

We accordingly, direct the Registrar to verify the claims of all these persons before the next date of hearing and submit status report of their eligibility or otherwise.

Learned counsel appearing for the Greater Noida Industrial Development Authority, has brought to our notice that the plans concerning the project/land submitted to the Authority was to develop three towers on the subject land consisting of 40, 40 and 60 tenements in each of the concerned towers.

The manner of distribution/allotment of such tenements may have to be worked out at the appropriate stage depending on the final outcome of these proceedings.

However, it is made clear that until outstanding dues of the Authority are fully settled, the Authority cannot be compelled to revive the lease or to issue further permission, including to allow the construction in deviation of the extant regulations and Building bye-laws.

Learned counsel appearing for the Registrar is requested to inform the Registrar to undertake scrutiny of the new claims, referred to above, before the next date of hearing and submit compliance report in that regard.

It is made clear that the verification report submitted by the Registrar will not be treated as final but the eligibility of concerned applicants would be taken note of by this Court before passing further orders.

List these matters on 28th July, 2022.

(NEETU KHAJURIA) ASTT. REGISTRAR-cum-PS

(VIDYA NEGI) ASSISTANT REGISTRAR