Second Enhancement by HUDA in Sector-57, Gurugram of Rs 6748.47 per sq mtrs. Residents unite to fight Tooth & Nail

In a letter dated 08^th March 2018 which was written from Chief Administrator HUDA to Estate Officer-II, HUDA, wherein there are directions to recover 2^nd Enhancement  Cost of Rs 6784.47/- per sq meter from the Owners/Allottees of Plots/Floors of Sector-57, Gurugram.

This is a pure shocker for the Plot owners and residents of Sector-57, Gurugram who have been reeling under the burden of 1^st Enhancement of Rs 5612.80/-  per sq yards  (Rs 6712.9 per sq mtrs) by HUDA which was issued on 07.11.2012. It is also important to note that this 1^st Enhancement is still under challenge in Hon'ble High Court of Punjab & Haryana. It is difficult to understand what prompted the legal minds of HUDA to issue the 2^nd Enhancement while fate of 1^st Enhancement cost is still subjudice.

It is pertinent to note that the letter announcing the 2^nd Enhancement,  mentions few orders of Hon'ble ADJ ranging in the years 2009-11 and an order of Hon'ble High Court dated 10.12.2015 as the reason for escalation of plot cost or Enhancement of plot in Sector-57.

Since HUDA hasn't provided any breakup of calculations neither in the case of 1^st Enhancement nor in the proposed 2^nd Enhancement, still on the very basic premise, there are apparent anomalies in 2^nd Enhancement. The anomalies are:

1. When the 1^st Enhancement is still under challenge then why HUDA has brought up this 2^nd Enhancement?
2. The letter for 2^nd Enhancement bears mention of Hon'ble ADJ's orders of 2009-11, then why this was not recovered in 1^st Enhancement?
3. Local farmers were given enhanced cost of their acquired land as per ADJ's order by Land Acquisition Officer in the year 2011. Who is bearing the interest cost (15% per annum) because of delay of 9 long years.
4.  As per the Hon'ble High Court's order dated 10.12.2015 government hasn't paid money to farmers as yet,  still they have started the process of recovery by the way of 2^nd Enhancement without acknowledging the amount which is required to be paid to farmers
5. Orders of 10.12.2015 by Hon'ble High Court were not  complied with in time, which means there is delay of more than 2 years, meaning thereby extra burden of interest on plot owners and residents of Sector-57. Why this delay?

This matter is of grave concern RWA & residents of Sector-57 have started the movement to challenge this atrocious 2^nd Enhancement in the court of law. In this process on 18^th March 2018 a meeting was held in Devi Lal Park, Sector-56. An internal committee has been formed by the residents to takeup matter legally. 

Since this matter affects all not only residents but plot owners also, so it would prudent enough that more and more people show solidarity with cause. 

There is one active whatsapp group of residents, send your request to join that group and remain updated. All are requested to extend their support as this issue has repercussions on public at large.

Author of this blog is Pankaj Yadav, a practicing advocate at High Court of Punjab and Haryana, Chandigarh and was instrumental in reduction of Enhancements in Sector-52 and Sector-51, Gurugram. Author can be reached at pankajyadav.legal@gmail.com or +91-9711791179