ORDER : 1. In pursuance of our order dated 2nd May, 2018, an affidavit has been filed by Mr. Ajay Chandra, which really does not reflect the properties owned by him. It is submitted by Mr. Ranjit Kumar, learned senior counsel appearing for the petitioners that in the subsidiary companies, the employees are the Directors and they should not be held liable in respect of their personal property. 2. The affidavit filed by Shri Ajay Chandra is blissfully vague and the same shall be addressed on a later date. 3. In the course of hearing, we have been apprised by Mr. Ranjit Kumar, learned senior counsel being assisted by Mr. Abhinav Agrawal, learned counsel and other learned senior counsel appearing for the petitioners that at present more than 600 acres of land which are unencumbered are available for auction. 4. Mr. Pawanshree Agarwal, learned Amicus Curiae has already issued a public notice for inviting objections in respect of approximately 230 acres. The list of 400 acres of land which is situated in the State of Tamil Nadu, shall be provided by Mr. Abhinav Agrawal to Mr. Pawanshree Agarwal by tomorrow (15.05.2018). 5. Learned counsel for the parties and the learned Amicus Curiae have suggested that a Committee headed by a retired Judge of a High Court should be constituted for carrying out the auction of the unencumbered immovable properties. 6. In view of the aforesaid, we constitute a Committee headed by Justice S.N. Dhingra, former Judge of the High Court of Delhi. Justice S.N. Dhingra would be at liberty to nominate a Chartered Accountant and a valuer accredited with the Delhi High Court or this Court. Justice S.N. Dhingra shall formulate suitable terms and conditions for auction of the above properties on as-is-where is basis to be notified in the newspapers. The Committee shall be assisted by Mr. Pawanshree Agarwal, who is a friend of the Court in this case and and Mr. Abhinav Agrawal, learned counsel assisting Mr. Ranjit Kumar, learned senior counsel for the petitioners. The purpose of nominating of two counsel is that the Committee can function smoothly. We request Justice S.N. Dhingra to proceed with the auction as expeditiously as possible, as the home buyers are waiting with concern to get their money refunded. The auction shall be subject to confirmation by this Court.
Ranjit Kumar, learned senior counsel for the petitioners. The purpose of nominating of two counsel is that the Committee can function smoothly. We request Justice S.N. Dhingra to proceed with the auction as expeditiously as possible, as the home buyers are waiting with concern to get their money refunded. The auction shall be subject to confirmation by this Court. The expenditure incurred by the Committee, including the fees, shall be met from the accrued interest, as is being suggested by Mr. Pawanshree Agarwal, learned Amicus Curiae. 7. At this juncture, we may also note another aspect. There are some home buyers who want to take possession of the flats. This Court vide order dated 29th January, 2018, had directed that the flats can be handed over on “as is where is basis”. The home buyers are at liberty to seek the benefit of the said order. 8. Mr. Pawanshree Agarwal has brought to our notice that Rs.40,00,00,000/-(Rupees forty crores only) was deposited by Pioneer Urban Land & Infrastructure Limited, which has taken up certain projects in joint venture with the Unitech Ltd. It is submitted by Mr. Agarwal that the said amount can be disbursed in respect of five projects, namely,(i) The Close (South) – Gurgaon, (ii) South City II Floors – Gurgaon (iii) Escape – Gurgaon (iv) Fresco -Gurgaon and (v) Harmony -Gurgaon. The said submission is opposed by Mr. C.A. Sundaram, learned senior counsel appearing for Pioneer Urban Land & Infrastructure Limited on the ground that it has only a 40% liability in respect of the projects. 9. It has been canvassed at the Bar that there are various categories of home buyers i.e. (i) the consumers who have got orders in their favour from the National Consumer Disputes Redressal Commission, (ii) the parties who have proceeded for execution after the orders of the National Commission, (iii) the parties who have approached the National Commission or the State Commission and there is no dispute over their principal amount, and (iv) home buyers who have not approached any forum as yet. It may be stated here that the learned Amicus Curiae as per the order of this Court has created a portal in respect of the aforesaid categories.
It may be stated here that the learned Amicus Curiae as per the order of this Court has created a portal in respect of the aforesaid categories. We do not intend to make any distinction amongst the said categories and, accordingly, it is directed that amount be disbursed to the home buyers whose names find place in the portal created by the learned amicus curiae concerning the aforesaid five projects and there has been no cavil over the same by the Pioneer Urban Land & Infrastructure Limited. The list of the names shall be submitted by Mr. Pawanshree Agarwal to the Registry and the amount shall be disbursed on pro rata basis. The pro rata amount shall be submitted by Mr. Pawanshree Agarwal on the basis of the amount deposited with the developer and the same shall be restricted to the principal sum and will not take into consideration either interest component or compensation amount awarded by the forum/court for the present. 10. List the matter on 5th July, 2018.