Residents of Sector-52, Gurugram seeks equality as HUDA recalculates Enhancement in some Sectors of Haryana

Haryana Shehri Vikas Pradhikaran (HSVP) which is reeling under the severe cash crunch, levied Enhancement Cost onto the Plots of various HUDA Sectors of Haryana. This time there was proper outcry amongst  the residents almost Haryana. Amid protest, dharnas and agitations, on 5^th May 2018 Chief Minister Sh Manohar Lal who also happens to be the Chairman of announced an One-time Settlement Scheme wherein a straight 40% rebate was offered onto the Enhancement amount and it's interest. This scheme was effective from 15^th May 2018 and remained in force till 16^th July 2018.

Not all residents and owners of these HUDA/HSVP Sectors of Haryana were happy with the scheme as they had apprehensions that whatever Enhancement HSVP is claiming is hypothetically escalated and if calculated correctly will be enormously reduced. On their claims Chief Minister Haryana assured that HSVP will re-calculate the enhancement  for those who don't intend to avail the benefit of the scheme. It was also assured that few points of contention as under will be considered while re assessing the Enhancement Cost:

• Interest of period of delay in Conveying of Enhancement by HSVP will be looked into.
• Land pockets which were released after the Sectors were floated should be reduced from Sector.
• Land which is still under litigation u/s 24(2) of New Land Acquisition Act of 2013 be reduced from the chargeable areas.
• Unused HUDA Land in the Sectors be reduced from the chargeable area.
• Sector Roads has to shared with adjoining Sectors

Now, the Sector-52, Gurugram residents and plot owners are feeling cheated as they along with similarly placed Sector like Sector-51, Sector-27, 28, 42, 43 of Gurugram and various other Sectors have paid complete Enhancements without any rebate.

Residents Welfare Association of Sector-52, Gurugram have decided to take up this matter with authorities as they have failed to avail OTSS Scheme and the largesse of HSVP.

RWA of Sector-52, Gurugram is therefore seeking the equal treatment which HSVP is intending to extend to the Sectors which are currently facing the wrath of enhancement. Since HSVP is re calculating considering the technical points hence the RWA of Sector-52 seeks similar grounds of proposed relief be extended to them as they have paid their all of the 3 Enhancements as per schedule decided by the HUDA (now HSVP)

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

Enhancement shocker for the residents and plot owners of Sector-51, Gurgaon

Haryana Urban Development Authority (HUDA) lived upto its reputation and has passed an illogical order of stopping the refund of excess enhancement of Sector-51, Gurgaon. Earlier Chief Administrator HUDA passed a speaking order wherein the enhancement cost was reduced by Rs 4405/- per sq yards. Many residents have already claimed their refunds.

Sizable number of plot owners and flat owners of group housing societies were still waiting for the refund and they were shocked to know that their refund has been stopped by orders of superiors i.e CCF (Chief Controller of Finance), HUDA.

It is difficult to understand that how come CCF have realized now that refund was inappropriate, whereas the Chief Administrator filed Speaking Orders in Hon'ble High Court of Punjab & Haryana wherein the enhancement was reduced by Rs 4405/-. All this smells a rot as it is well known that HUDA is out of money and they are trying to delay the process of refund on trivial and non maintainable grounds. 

HUDA is not aware that these orders to stop refund will imply that Chief Administrator  HUDA filed a false report before Hon'ble High Court of Punjab & Haryana thus is bound to face the ire of the court.

It is also pertinent to note that the reduction of enhancement by Rs 4405/- per sq yards was made possible because case of Artemis Hospital v/s HUDA in which a committee was constituted comprising of HUDA officials, representative of Artemis and RWA Sector-51, Gurgaon. While the said committee was hopeful to get further relief  from Rs 4405/- this act of stopping the refund speaks lot about arrogant manner in which HUDA operates.

HUDA forgets that it charges service tax and is bound to provide services. It is no different from private developers, it's every act challengeable and accountable. HUDA Officials must not forget that we general public and have paid for everything we have. 

Author is one of the representative of the Committee working to analyse the Enhancement of Sector-51. To understand more,  for consultations please feel free to contact author of this blog at 9899790003 or write at pankaj@easyghar.com.