w w w . L a w y e r S e r v i c e s . i n


Delhi Development Authority v/s Skipper Construction & Another

    I.A. Nos. 107, 110, 116, 119-130, 131 & 132 in SLP (C) No. 21000 of 1993 with SLP (C)...CC No. 10419-10420 of 2003, Item No. 302 SLP (C) No. 27136 of 2004
    Decided On, 20 March 2006
    At, Supreme Court of India
    By, THE HONOURABLE MRS. JUSTICE RUMA PAL
    By, THE HONOURABLE MR. JUSTICE ARIJIT PASAYAT & THE HONOURABLE MR. JUSTICE C.K. THAKKER
    For the Petitioner: -------- For the Respondents: ---------


Judgment Text
Item No. 301

1. The Claims Commissioner may, in the special circumstances of the case, continue in the present residential accommodation for the purpose of discharging his duties as Claims Commissioner for a period of six months.

2. Liberty is granted to the learned amicus curiae to raise the following issues amongst others before the Claims Commissioner:

(a) Enforcement of decrees

(b) Payment of interest to claimants of the Jhandewalan property in terms of the Order dated 21st March, 2002.

(c) Disbursement of amounts deposited by M/s. Shikha Developers.

(d) Disbursement of amounts deposited by M/s. Technology Parks Limited.

3. As far as the 22, Barakhamba Road is concerned, the proceedings relating thereto cannot be disposed of on a miscellaneous day. Place the matter before the Court on any regular day after two months from today.

I.A. No. 107

4. Interlocutory Application is rejected.

I.A. No. 110

5. Application for impleadment is allowed.

I.A. No. 116

6. List after two weeks.

I.A. Nos. 120 & 121 and 127

8. The Interlocutory Applications are referred to the Claims Commissioner.

I.A. Nos. 126 & 132

9. Dismissed as withdrawn.

I.A. Nos. 122-125, 128, 129 and 130

10. There is no question of entertaining any application/unless the claim has been determined.

11. The interlocutory Applications are dismissed.

I.A. No. 131

12. This I.A. is dismissed with liberty to the petitioner to approach the Official Liquidator of the Delhi High Court.

13. M/s. Technology Park Limited offers to pay and is directed to pay the three remaining claimants who have sought for allotment of the flats in project M/s. Silver Tulip.

14. The Registry will issue notices by way of publication to the persons in whose names cheques have been deposited pursuant to Justice Lahoti’s Commission and Justice O. Chinnappa Reddy’s Commission. The notices shall be published in one English Newspaper having All India circulation and one Hindi Newspaper having wide circulation. The persons shall be directed to make their claims within a period of six months from the date of issue of notices. Subject to establishing their identity, the Registry may make over the amounts covered by the encashment of the cheques in question together with interest accrued thereon, to the claimants concerned.

15. In view of the earlier order passed by this Court on I.A. Nos. 117 and 118, no further orders need be passed on the Report of the Central Vigilance Commission which is disposed of accordingly.

16. Regarding the dues of the Land and Development Officer, the Registrar General or any person appointed by him will go into the issue and resolve the matters.

17. Regarding letters from Ministry of External Affairs, no orders need be passed as the issues sought to be raised therein are outside the scope of the proceedings of this Court.

18. The earlier order of this Court dated 4th August, 2003 relating to monthly payment to Mr. Tejwant Si

Please Login To View The Full Judgment!
ngh will be complied with by Claims Commissioner. 19. By way of an interim honorarium, a sum of Rs. 25,000/- (Rupees twenty five thousand) be made over to amicus curiae, Mr. Dayan Krishnan, without whose help, the present proceedings of this Court could not be continued or concluded. Item No. 302 20. Not taken up.
O R