The Supreme Court has appointed former Allahabad High Court Judge Justice Sudhir Kumar Saxena to head a one-member high-powered independent committee tasked with identifying genuine members and subsequent purchasers entitled to multi-storeyed flats in NOIDA in a dispute that has continued for over three decades.

A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order on September 24, observing that repeated attempts to complete the verification process had failed to resolve the dispute.

The Court noted that the matter remained inconclusive despite several affidavits and earlier directions, while many original allottee-members had been awaiting the outcome of the litigation for more than three decades.

The dispute relates to the allotment of flats to members of the Kendriya Karamchari Sehkari GN Samiti. In 2022, the Supreme Court had directed the New Okhla Industrial Development Authority (NOIDA) to allot multi-storeyed flats to 844 identified members of the Society and ordered that the claims of 133 subsequent purchasers be examined.

However, the implementation of the judgment was delayed amid disagreements between NOIDA and the Society over the number and identity of eligible members. Subsequent proceedings referred to 863 original allottees and 120 subsequent purchasers.

NOIDA opposed the inclusion of subsequent purchasers, arguing that the original allotment letters prohibited transfers without its prior permission. It also pointed out that the original allotments had been cancelled in 1998.

The Society, on the other hand, contended that NOIDA had failed to act on requests seeking permission for transfers. It further submitted that refund cheques issued to the original allottees had never been encashed.

Taking note of the continuing deadlock more than three years after its 2022 judgment, the Supreme Court decided that an independent verification mechanism was necessary to determine the competing claims and facilitate implementation of its earlier directions.

The Court authorised Justice Saxena to devise the procedure for the exercise, examine relevant records and hear the concerned members and claimants.

The Bench directed:

"The one-member Committee shall be at liberty to devise its own procedure, including calling for such documents and hearing the concerned members/claimants as it may consider necessary."

NOIDA, the Society and all claimants have been directed to extend full cooperation and provide the committee with the necessary records.

The committee has been asked to complete the verification exercise and submit its report to the Supreme Court within eight weeks. NOIDA has also been directed to provide complete secretarial and logistical assistance to the committee.

The matter will next be heard on December 2.

Case Title; New Okhla Industrial Development Authority v. Kendriya Karamchari Sehkari GN Samiti & Ors