The Supreme Court has constituted a one-member High-Powered Independent Committee headed by Justice Sudhir Kumar Saxena, former Judge of the Allahabad High Court, to identify the genuine members of a housing society and determine their entitlement to benefits arising from the Court’s earlier directions concerning allotment of flats by the New Okhla Industrial Development Authority (NOIDA).
A Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana noted that despite the Court’s judgment dated September 22, 2022 and subsequent directions, the exercise of determining the identity and number of eligible members remained inconclusive. The Court noted that the dispute had continued for more than three years since the 2022 judgment, while several original allottee-members had been awaiting the outcome of the litigation for over three decades.
The underlying dispute relates to the identification of genuine members of the respondent-society and their entitlement to allotment of multi-storeyed flats. In its September 22, 2022 judgment, the Court had directed NOIDA to allot flats to 844 identified members and directed examination of the claims of 133 subsequent purchasers for extending similar benefits if found eligible.
Subsequently, the Court directed verification of the claims and also required NOIDA to examine the Society’s contention that the correct figures were 858 original allottees and 119 subsequent purchasers. In March 2024, the number of original members was revised to 863, while 120 subsequent purchasers were identified.
NOIDA had contended that the original allotment letters expressly prohibited transfer of plots without its prior permission and that the original allotments had subsequently been cancelled, with the amounts paid by the original allottees refunded. The Society, however, disputed this position, submitting that prior permission had not been obtained because of NOIDA’s own inaction and refusal to process the transfer forms. It also contended that the refund cheques were neither encashed nor were the amounts subsequently redeposited.
Finding that repeated affidavits and directions had failed to resolve the competing claims, the Court invoked its powers under Article 142 of the Constitution and constituted the independent Committee. Justice Saxena has been authorised to devise the procedure for verification, call for relevant documents and hear the concerned members and claimants.
The Court directed NOIDA, the respondent-Society and all claimants to extend full cooperation and make relevant records available. The Committee is expected to complete the exercise within eight weeks and submit its report to the Supreme Court. NOIDA has also been directed to provide the Committee with necessary secretarial and logistical assistance.
The matter has been listed for further hearing on December 2, 2026.
