Tuesday, July 15, 2014

Multiple Plot Allotment: Learn it from HUDA to how to create Asset into Liability

Join the Google Group initiated to provide the Platform for those being harassed by HUDA beacuse of this Multiple Allotment Scam by clicking Multiple Allotment HUDA
Since January 13, 1977 i.e the inception of Haryana Urban Development Authority (HUDA) has been asset for the rulers of Haryana, any government be it Bishnoi's, Chautala's or Hooda's each one of them has abused HUDA to extract maximum money for their personal and political interest.


Amongst many wrong doing of HUDA which happens to be earning arm of Haryana Government, the act and scandal of Double/Multiple Allotments has come to lime light. Common buyer, who has invested all of his savings in procuring a piece of land to build a house, which he has been dreaming since long is suffering the most with no fault of his.



A brief insight into the processes involved in carving and allotment of HUDA plots in all sectors of Haryana

How the Plots are Carved and allotted: Haryana Government has been acquiring rather snatching the fertile land from farmers at the almost no cost. After such acquisition the same land is given to HUDA for planning residential and commercial plots and subsequently HUDA sells these plots. After such proposed planned development HUDA with the motto of "No Profit-No Loss " invites applications under various sizes from general public at a nominal price per unit area. HUDA which represent the welfare state also accommodates and reserves substantial numbers of plots for different sections of society under following categories-
  • Under Defence Personnel (DEPER)
  • Under Haryana Government Servants (HGSER)
  • Under HUDA Employees
  • Under Advocate Reserve Category (ADVOC)
  • Under Backward Class (BACLA)
  • Under Blind Category (BLIND)
  • Under Freedom Fighter (FRFIG)
  • Under Handicapped (HANDI)
  • Under Haryana Police Killed in Action/Encounter (HPKIA)
  • Under Scheduled Caste/ Scheduled Tribes (SCCAS)
  • Under Widow (other than war widows) (WIDOW) 
  • Under War Widow/Disabled Soldiers (WWDIS) 
  • Under Outstees Quota 
  • Many more discretionary Quota under the Bureaucracy and Politicians. 
Procedure of allotments and affidavits: At the time of application for the draw of plots the applicant under the general/direct allotment has to deposit the earnest money along with written submission that he/she has not been allotted any plot in the Urban Estate for which application is made. Whereas persons applying under the other reserved quota after allotment has to give a written affidavit dully attested by first class magistrate that he/she or their spouses have never got any plot or flat in any quota. After this he/she becomes the bonafide applicant/owner. Such affidavits are attached in the master file of that plot for record.

Sale and resale of plots under general category and reserved category: On papers HUDA has righteous looking policy for transfer, sale and resale of its plots. Owner of plot after allotment can transfer his/her plot, till the installment of plots towards HUDA is pending. After completion of installments the plot cannot be transferred and it can be only sold by the way of registry which is done in the Office of the Registrar. However HUDA is always involved in transfer, resale of plots as each sale requires Transfer Permission and Re-Allotment. 
HUDA gives Transfer Permission: Once the owner of plot intends to sell his plot to buyer of his choice, he seeks Transfer Permission (TP) from HUDA in the favour buyer. Estate Officer of concerned estate issues Transfer Permission after analyzing all the documents, payments etc.
It is the job of Estate Officer and his staff to scrutinize all the affidavits and authenticity of documents and if the Estate Officer is sincere then there is no chance that any fraud could occur.
Estate Officer and his team intentionally overlooks the shortcomings for reasons best to them. 

HUDA issues Re-Allotment Letters: After the buyer and seller gets the registry done, they approach the HUDA once again wherein the owner(seller) request the HUDA to re-allot the plot in name of buyer. HUDA once again after proper application of mind and verification of documents Re-Allots the plot in favour of Buyer.

After having understood the processes and technicalities involved in allotment of HUDA Plots, let's understand how this mess of double/multiple allotment has been created by the erring HUDA officials.

A scandal and deep rooted rot in allotment and sales: Various discretion and enormous power are vested in The Estate Officer of every Urban Estate in order to make the administration smooth and effective where as all these years barring very few exceptions almost all the Estate officers have abused their discretion and powers. They have willfully committed errors and have conveniently omitted the shortcoming of allotments. These so called HCS officers who are the Estate Officers and in majority of cases are the appointee of some politically sound person (Please Read) willfully make simple thing complicated and thus help the cons to enact the fraud.

Many of those who have applied for the plots under the reserved category furnished more than one affidavit and acquired the premium plots in various Urban Estates. This fraud could have easily been unearthed and prevented if while allotting the plots under the reserved categories these Estate Officers and their men had seeked No Objection Certificate (NOC) from remaining Urban Estate. This was not willfully done and the fraudsters amongst whom are many distinguished Defence personals, Bureaucrats, Lawyers, etc easily made out the incapabilities and loopholes in the working of HUDA and thus easily furthered their fraud motives.

Besides this there could have been one more possible hurdle in realization of fraudulent motives of these scamsters, as in the event of sale of such reserved category plot the Estate Officer, while issuing the Transfer Permission in favour of buyer could have made it mandatory to verify that seller/owner of reserved category plot furnished a No Objection Certificate from all remaining Urban Estates of Haryana. 

It is in public that Estate Officers were always in knowledge of this ongoing scam and did not bother to intervene because of which many innocent buyers who gave away all of their saving to those scamsters and instead of helping general public these officials helped the scamsters. (Please Read)

Ongoing Cases: In 2013 on complaint of one Surrender Kumar Sharma it was revealed that Colonel Dharam Singh Yadav others like him have taken more than one plot in more than one Urban Estate. FIR was registered against Colonel Dharam Singh Yadav and police undertook investigation. Col. Yadav approached Hon'ble High Court of Punjab & Haryana for anticipatory bail and in this course he supplied a never ending list of Defence Personals, HCS, IAS etc who have abused their positions in getting themselves allotted more one plot. On this Hon'ble High Court has been seeking status reports and is asking Chief Administrator, HUDA for compliance. Uptill now hundreds of FIRs have been lodged by HUDA against such multiple plot allottee under reserved category. Next date of hearing is 07th August 2014 in the Hon'ble High Court of Punjab & Haryana. 

Apathy from HUDA: There are numerous news reports that Administrators and Chief Administrators have misused their official position and got themselves and their spouses multiple plots in different Urban Estates was done by defying the norms. 

Present dispensation is delaying the justice in order to defend their present and former colleagues and bosses. Almost all the employees ranging from peon till Chief Administrator are just interested in completing their tenure in lucrative postings "Successfully" and they never do any efforts to resolve the state of HUDA Sectors and issues pertaining to it. Apparent and sole reason for remaining posted in HUDA is just to create fortunes for their families and their extended families. 

If you go to any HUDA office in Haryana you will see people almost on the verge of crying courtesy "apathy and harassment" by HUDA employees. It is normal that HUDA employees enjoy the most if you are having some problems (which are created by none other than HUDA), as it ensures a good opportunity for extracting maximum out of your pockets. 

Single and Double/Multiple Allotment Cases: Those reserved category plots whose owner has not misused the privilege of reservation and have confined themselves to just single plot or flat has been given Single Allotment status. Whereas plots of those owners who have cunningly and shrewdly used the privilege and got allotted more than one plots in their name or in their spouses name by the means of forged and false affidavits, such plots have been categorized as Double/Multiple Allotment. After being pulled up by the Hon'ble High Court, HUDA has been made to prepare list of reserved category plots mentioning whether it is single allotment case or Double/Multiple allotment case. . HUDA is daring to defy the courts order and are preparing list at snail's pace and are selectively leaving fraudsters who have connections and influence.

Plight of Plot Owners who have bought Reserved Category Plot: One buys the piece of land for making a house or as an investment for needy days. Since the sale of plots be it general or reserved category was allowed by HUDA and transfer permissions were issued casually without any checks and balances, so people did not had remotest of idea that the plot they are buying will end up in dispute without any fault of theirs. 

Now the people who have bought the reserved category plot are facing problems as they are not allowed to sell, transfer or mortgage their plots, however those plots which fall in Single Allotment category are given some relaxation but HUDA is doing it in more than 2 months and are allowing transfers only after taking hefty kickbacks.

Those owners who have bought a plot which falls in Double/Multiple allotment case are facing nightmares as they are being reduced to owner of a plot without any rights. There are people who have urgencies like daughter's marriage, children's education, business problems etc and intends to sell their plots to meet their respective requirements but they are not allowed to sell their plots as their plot falls in Double/Multiple allotment category. 

Legal Discourse and options left with affected plot owners: There can't be second opinion that it is solely because of HUDA that all this mess has been created. It is a clear case of cheating and forgery made out against those reserved category persons who availed more than one plot or flats and HUDA officials. As The case is made out because reserved category persons procured and subsequently sold such plots to innocent persons by furnishing false affidavits and other documents and HUDA official were hand in glove with those scamsters. Thus these persons were in hand have cheated government and buyers. HUDA has cleverly registered cases against few of them but has left their officers and employees who connived with those fraudster. 

It is for every affected person to stand up and fight the injustice and cheating caused to them and get a individual case registered against Seller of such plot and HUDA officials who gave the Transfer Permissions and issue Re- Allotment Letters. 

Get Together and make a forum: Every affected plot owner is just keeping an eye on the court's proceeding and are keep their fingers crossed that court might pass such orders that may take them out of this filth. Whereas just for knowledge, Hon'ble High Court is hearing the bail applications of accused during whose arguments this issue has been escalated. It may take very long for things to fall in line at this pace. It will be appropriate that individuals go and get the FIR registered against that reserved quota seller and HUDA officials involved into getting buyer entangled in this current mess. Moreover if some forum is made and people fight this together then it would have a strong impact. 

Join the Google Group initiated to provide the Platform for those being harassed by HUDA beacuse of this Multiple Allotment Scam by clicking Multiple Allotment HUDA

Don't bow to them and don't take it lying down, get together and contest. In this part of world right things don't happen on its own, you will have to make them happen.

Jai Hind....

The author of this article can be reached at 9899740003 or pankaj@easyghar.com for further clarification.