Supreme Court Resolves Decades-Old Okhla Enclave Plot Dispute with Landmark Judgment

In a significant ruling that brings closure to a nearly three-decade-long legal battle, the Supreme Court of India has delivered its judgment in the Okhla Enclave plot allotment case. The case, which originated in 1996 as Writ Petition (Civil) No. 876 of 1996, involved complex disputes regarding plot allotments in Faridabad, Haryana, where thousands of allottees had been waiting for resolution of their claims since the 1990s.

The matter concerned M/s Durga Builders (Pvt.) Ltd., which had purchased approximately 235 acres of land in Faridabad for establishing a residential colony. The builder had entered into an agreement requiring allotment of plots in three categories: 20% for economically weaker sections (EWS), 25% on a No Profit No Loss (NPNL) basis, and the remaining 55% in the open market. However, the builder failed to adhere to these terms, leading to numerous disputes and legal challenges.

The Supreme Court, in its judgment delivered by Justices Vikram Nath and Prasanna B. Varale, noted: “The Special Committee notes that since 14-12-2007, the case of these 492 persons has been that Sale Deeds have been executed and possession has been handed over to them… The Special Committee cannot grant or refuse relief to persons who have not submitted to the jurisdiction of the Special Committee.” This observation came in response to claims by certain allottees who had not subjected themselves to the scrutiny process established by the Court.

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The Court had earlier appointed a Special Committee headed by retired Justice Vikramjit Sen to resolve the complex issues. The Committee submitted its final report in January 2023, which was accepted by the Court. However, several applications were filed by allottees who either couldn’t approach the Committee in time or had grievances regarding their claims.

In its detailed judgment, the Court addressed various categories of applications. For general category allottees, the Court modified its earlier order, stating: “Since general category allottees were allotted plots as per market rates, it would be unfair to limit the eligibility of general category allottees with respect to multiple claims from one family.” This decision provided relief to many allottees who had been disadvantaged by earlier restrictions.

The Court also dealt with the contentious issue of 492 allottees who claimed to have valid sale deeds but hadn’t submitted to the scrutiny process. The judgment noted: “We find no good reason to take a view different from what the Special Committee has taken… the remaining 480 allottees must subject themselves to scrutiny to ascertain whether their claims/sale deeds are legal and valid.”

Regarding the layout and development of the area, the Court directed: “The State of Haryana is directed to consider 65% of the land share for plotted development as agreed by them before the Special Committee… and to prepare a fresh layout plan for the Project clearly marking the land available for allotment within a period of 10 weeks.”

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The judgment also addressed specific cases of individual allottees, some of whom were senior citizens waiting for their plots for nearly 30 years. In one such case, the Court directed: “We direct the applicant to approach the Special Committee again and the Special Committee is requested to consider his claim afresh.”

The comprehensive judgment not only resolves the immediate disputes but also sets important precedents for similar land development cases. The Court’s decision to continue the Special Committee’s mandate to address pending applications ensures that all genuine claimants will get a fair opportunity to present their cases.

In concluding remarks, the Court expressed appreciation for the work done by the Special Committee and the amicus curiae, stating: “We record our appreciation for the able assistance provided by learned amicus Ms. Rashmi Nandakumar.” The judgment brings hope of final resolution to thousands of allottees who have been waiting for their rightful plots for decades.

Petitioner Name: Okhla Enclave Plot Holders Wel. Ason..
Respondent Name: Union of India Through Secretary & Ors..
Judgment By: Justice Vikram Nath, Justice Prasanna B. Varale.
Place Of Incident: Faridabad, Haryana.
Judgment Date: 25-04-2025.
Result: partially allowed.

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