SC Appoints Ex-Judge to Verify NOIDA Flat Claimants
The Supreme Court appoints ex-Allahabad HC Judge Justice Sudhir Kumar Saxena to resolve the long-standing NOIDA multi-storeyed flats dispute.
In a decisive move to break a long-standing deadlock, the Supreme Court of India has appointed former Allahabad High Court Judge, Justice Sudhir Kumar Saxena, to lead a high-powered independent committee. The committee's primary mandate is to verify and finalize the list of genuine members and subsequent purchasers entitled to multi-storeyed flats in NOIDA.
The appointment comes as a direct response to the unresolved dispute involving the Kendriya Karamchari Sehkari GN Samiti. Despite previous interventions by the apex court, the conflict regarding who is rightfully entitled to these residential units has remained in a state of stalemate.
A History of Conflicting Claims
The legal battle has been marked by shifting numbers and contradictory arguments. In 2022, the Supreme Court had initially directed the New Okhla Industrial Development Authority (NOIDA) to allot flats to 844 identified members of the Society, while also ordering an examination of claims made by 133 subsequent purchasers.
However, as proceedings continued, the figures presented to the court became inconsistent:
- The number of original members was revised upward to 863.
- The number of subsequent purchasers was adjusted to 120.
This discrepancy has added layers of complexity to the verification process, necessitating an independent judicial eye to sort through the records.
The Core of the Dispute: NOIDA vs. The Society
The disagreement centers on the legality of transfers and the validity of original allotments. NOIDA has taken a firm stance against recognizing subsequent purchasers, pointing to specific restrictions on the transfer of allotments and the fact that the original allotments were cancelled back in 1998.
On the other hand, the Society has countered these claims with several significant allegations:
- They contend that NOIDA failed to take action on various transfer applications.
- They claim that refund cheques issued to the original allotters were never actually encashed, suggesting the original allotments may not have been fully terminated in the manner described.
The Mandate for Justice Saxena
Recognizing that the parties were unable to reach a consensus, the Supreme Court bench has granted Justice Saxena significant autonomy to resolve the matter. The committee has been empowered to:
- Devise its own specific procedure for investigation.
- Call for any necessary documents to verify claims.
- Conduct personal hearings for the concerned members and claimants.
The apex court has issued a strict directive to NOIDA, the Society, and all involved claimants to provide full cooperation to the committee. Furthermore, NOIDA has been ordered to provide complete secretarial and logistical support to ensure the panel can function effectively.
Justice Saxena is expected to submit his comprehensive report within eight weeks. The Supreme Court is scheduled to hear the matter again on December 2.