SECTION IV-B

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) No. 7220-7221 OF 2017

WITH PRAYER FOR INTERIM RELIEF

Process Id: 521/2023

OFFICE REPORT

This Hon'ble Court, on 14th February, 2023, was pleased to pass the following order:

" We have perused the joint report dated 12th December, 2022 submitted by the Structural Engineer and Architect after inspection of the buildings which are meant for rehabilitation. The report indicates certain disturbing aspects about the buildings. The recommendations have been incorporated in paragraph 4 of the report. The Commissioner of the Municipal Corporation, Faridabad shall file an affidavit recording an assurance that necessary work will be carried out in terms of the recommendations. If certain part of the work is already carried out, the details thereof shall be mentioned in the affidavit of the Commissioner. 

 Our attention is invited to order dated 31st March, 2022 which directs in clear terms that the Commissioner of the Municipal Corporation will have to certify that the premises being offered to the allottees are habitable and are ready for immediate occupation in all respects. Only after the work in terms of the recommendations of the architect is carried out that the Commissioner will have to do the exercise of issuance of certificates as aforesaid after the respective premises are inspected by the appropriate Municipal officers. 

 Needless to say that till such certificates are issued by the Commissioner, the allottees are not expected to occupy the premises. Therefore it is the duty and obligation of the Municipal Corporation to ensure that solatium of Rs. 2,000/- is paid to each eligible allottee at least till the date on which the allottee is informed of the fitness certificate granted by the Commissioner in respect of the premises. 

 The affidavit of the Commissioner shall also contain all details such as number of eligible persons identified so far. The Commissioner will also state the details of the exercise undertaken by the Sub-committee appointed for examining the eligibility. Thus, the Commissioner will state how many persons have been found eligible till the date of filing of affidavit. 

 The details of the solatium paid to the eligible persons shall also be placed on record. If the Commissioner finds that the solatium has not been paid up to date to certain eligible persons, he shall ensure that the same is paid immediately. 

 The Commissioner shall also ensure that either the copies of the rejection orders are supplied to the concerned persons or that the same are uploaded on the website of the Municipal Corporation. 

Needless to add that the Commissioner will indicate the time frame within which various recommendations made by the architects will be actually implemented. 

 The learned counsel appearing for the Municipal Corporation states that he will file such affidavit within two months from today. Accordingly, two months’ time is granted. 

 List the matters on 02.05.2023. 

 A copy of the affidavit be supplied to the learned Senior counsel Mr. Parikh by 17.04.2023. While filing affidavit, it will be open for the Commissioner to deal with IA No. 137687 of 2022."

It is submitted that pursuant to the above quoted order, counsel for the petitioner has on 19.04.2023 filed a status report by way of affidavit, however, the same is defective as the copies of same have not been served upon some of the other side advocates. Copy of the said report is being circulated with this office report for the kind perusal of the Hon'ble court.

It is further submitted that counsel for the petitioner has also not fled proof of service of the said report to Senior counsel Mr. Parikh as directed in the above order.

Service of notice is complete on respondent nos. 1-2 & 6-7 in SLP(C) No. 7220/2017 and respondent nos. 2-3 in SLP(C) No. 7221/2017 and service of notice is not complete on respondent nos. 3-4 in SLP(C) No. 7220/2017 and respondent no. 1 in SLP(C) No. 7221/2017.

The Petition above-mentioned is listed before the Hon'ble Court with this Office Report.

Dated : April 29, 2023

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