Supreme Court - Daily Orders
Ravi Prakash Srivastava . vs The State Of Uttar Pradesh on 19 May, 2022
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ITEM NO.9 COURT NO.3 SECTION XI
S U P R E M E C O U R T O F I N D I A
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)
VERSUS
THE STATE OF UTTAR PRADESH & ORS. Respondent(s)
IA No. 13360/2020 - APPLICATION FOR TRANSPOSITION
IA No. 188678/2019 - APPLICATION FOR TRANSPOSITION
IA No. 124744/2021 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 106640/2017 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 101089/2021 - CLARIFICATION/DIRECTION
IA No. 2/2017 - CONDONATION OF DELAY IN REFILING / CURING THE
DEFECTS
IA No. 107733/2021 - EXEMPTION FROM FILING O.T.
IA No. 32854/2019 - EXEMPTION FROM FILING O.T.
IA No. 98779/2021 - EXEMPTION FROM FILING O.T.
IA No. 9559/2020 - INTERVENTION APPLICATION
IA No. 188654/2019 - INTERVENTION APPLICATION
IA No. 87910/2021 - INTERVENTION APPLICATION
IA No. 124741/2021 - INTERVENTION/IMPLEADMENT
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. 83985/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 107732/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 11113/2019 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 2/2017 - PERMISSION TO FILE ANNEXURES)
WITH
SLP(C) No. 15548/2017 (XI)
Signature Not Verified
Digitally signed by
DEEPAK SINGH
Date: 2022.05.21
IA No. 106669/2017 - APPROPRIATE ORDERS/DIRECTIONS)
13:17:30 IST
Reason:
Date : 19-05-2022 These matters were called on for hearing today.
CORAM :
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HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE MR. JUSTICE ABHAY S. OKA
HON'BLE MR. JUSTICE J.B. PARDIWALA
For Petitioner(s) Ms. Pyoli, AOR
Mr. Somesh Chandra Jha, AOR
Mr. Rahul Narang, Adv.
For Respondent(s) Mr. Hitesh Kumar Sharma, Adv.
Mr. S.K. Rajora, Adv.
Ms. Kavya S. Lokande, Adv.
Mr. E. Vinay Kumar, Adv.
Mr. Akhileshwar Jha, Adv.
Mr. Amit Kumar, AOR
Mr. Vinod Diwakar, AAG
Ms. Alka Sinha, Adv.
Mr. Anuvrat Sharma, AOR
Mr. Naveen Prakash, AOR
Mr. Saket Singh, Adv.
Mr. Ravindra Kumar, Sr. Adv.
Mr. Binay Kumar Das, AOR
Ms. Priyanka Das, Adv.
Ms. Neha Das, 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. Mrinal Kumar Sharma, Adv.
Mr. Amar Kumar Raizada, Adv.
Mr. Amaan Usmani, Adv.
Mr. M. Yogesh Kanna, AOR
Mr. Amar Dave, Adv.
Mr. Mahesh Agarwal, Adv.
Mr. Ankur Saigal, Adv.
Mr. Nishant Rao, Adv.
Mr. Anirudh Bhatia, Adv.
Ms. Ayushi Amod, Adv.
Mr. E. C. Agrawala, AOR
Mr. Shiv Ram Sharma, AOR
Mr. Vishwaditya Sharma, Adv.
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Mr. Himanshu Munshi, AOR
Mr. Avinash Kumar Bharti, Adv.
Mr. Amit Kumar Chourasia, Adv.
Mr. Manish Garani, Adv.
Mr. Vipin Kumar Jai, AOR,
Mr. Gurinder Jai, Adv.
Mr. Harish Gupta, Adv.
Mr. S. R. Setia, AOR
Mr. Satish Kumar, AOR
Ms. Meenakshi Arora, Sr. Adv.
Mr. Somesh Chandra Jha, AOR
Mr. Rahul Narang, Adv.
Ms. Pyoli, AOR
Mr. Mrigank Prabhakar, AOR
Mr. Abhishek Naik, Adv.
Mr. Gulapsha Kureshi, Adv.
Mr. Sanjeev Singh, Adv.
Ms. Ridhi Pahuja, Adv.
Mr. Rajesh Singh Chauhan, AOR
Mr. Satyendra Kumar, AOR
Mr. Jeetender Gupta, AOR
Mr. Pramod Dayal, AOR
Mr. Nikunj Dayal, Adv.
Ms. Megha Dugar, Adv.
Mr. Sanjay Jain, Adv.
Mr. Rakesh Kumar, Adv.
Mr. Neeraj Kumar Verma, AOR
Mr. Harikesh Singh, Adv.
Mr. R.D. Jatain, Adv.
Mr. Satish Hooda, Adv.
Mr. Satyender Kumar, AOR
Mr. Vivek Beniwal, Adv.
Ms. Prachie Jain, Adv.
Mr. Hitesh Sachar, Adv.
Ms. Anju Jain, Adv.
Mr. Hitesh S. Adv.
Mr. Anukul Adhola, Adv.
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UPON hearing the counsel the Court made the following
O R D E R
Pursuant to the directions issued by this Court, the Registrar has verified the claim of the petitioners and other persons who had submitted to such verification. The Registrar has identified 42 applicants having sufficient documentary evidence to indicate that they were original members in respect of the subject project. The tower has been constructed on plot No. 7 admeasuring 9731.76 square meters; lease whereof has been cancelled by the authority. The structure standing on the said plot, in respect of which the petitioners have set up their claim, is occupying around 3243.92 square meters approximately. In all, 44 flats have been constructed, whereas only 35 petitioners are before this Court. The Registrar has identified 42 persons as original members while making it clear that 10 applications could not be verified due to non-cooperation by the bank and other agencies.
Today, during the course of hearing, learned counsel appearing for respondent No. 13 (India Bulls Housing Finance Ltd.) has confirmed payment made by Ravi Prakash 5 Shrivastava. Similarly, in the case of Jamila Ansari, the Housing Commissioner (respondent No.5) submits that confirmation has been received from the concerned Agency.
The Registrar may submit a revised report giving further break-up of eligible persons before the next date of hearing.
Mr. Ravindra Kumar, learned senior counsel appearing for the respondent No.4 (Greater NOIDA) submits that as per his instructions around Rs.12 crore amount had remained outstanding in respect of plot No. 7.
In the event, the said authority has to restore the lease in respect of land on which subject tower is standing being plot No. 7, the outstanding amount would stand proportionately reduced in the context of area underneath the subject tower. The authority shall produce a plan in respect of which lease can be restored on payment of such outstanding dues. That be placed on record along with affidavit of authorized official.
Ms. Meenakshi Arora, learned senior counsel appearing for the petitioner(s), on instructions, submits that the petitioners are willing to abide by all the conditions to be specified by the Greater NOIDA, especially regarding payment of outstanding dues.
6For the time being, we do not wish to dilate on the manner in which the 44 flats can be allotted — as the number of claimants seem to be more than 44. That issue can be deliberated on the next date.
It will be open to the concerned applicants and interested persons to furnish further documents/evidence before the Registrar for confirmation of their original membership.
List the matters on 22.07.2022.
We direct the respondent No.11 (HDFC Bank) and all other agencies to extend full cooperation to the Registrar for completing the process of verification of the remaining applicants.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)