News reports of money refund in leading daily creates flutter amongst the HSVP Plot owners waiting for alternative plot against their disputed HSVP Plot.

HSVP previously known as HUDA has been floating residential Sectors since the 1980s. Almost every sector they have floated or allotted is filled with litigations. Many Plot owners or the allottees are still making rounds in respective HUDA Offices for their allotted plots or subsequent alternate plot. Due to lack of intent and unprofessionalism of the blue-eyed boy of government i.e HSVP, the owners of the plots have become petitioners in various Courts and High Court.

Gurugram and Faridabad has been at the helm of disputes wherein the HUDA floated residential sectors and subsequently allotted the HUDA plots without looking into the pending and future potential litigations.

Now the petitioners who were allotted Plots in 2003 in the Sectors 51 & 52 of Gurugram and in 2005 in Sector-57 of Gurugram are the worst hit as they were allotted plots on the land which was under litigation or came under litigation after allotment. Since 2003 and 2005 they have been waiting and demanding their allotted plots or an alternate plot in lieu of their disputed plots.

In the year 2012 and 2014 few owners of disputed plots were allotted alternate plots in Gurugram but the majority were left out even then also. Then there are cases where alternatively allotted plot was again allotted onto the disputed land.

On 04.01.2020 there were news reports that HUDA/ HSVP has decided to refund the deposited amount with interest to those plot owners who haven’t got the possession of their plots because of litigations. If this news is correct then it will open another round of troubles for plot owners who are fighting against HSVP or HUDA for their plots. See Times of India News Report

This very approach is completely challengeable on the grounds of equity and will be in violation of their own policy relating to exchange of plots dated 18.02.2013.

If the reason for non-allotment is pending litigation than HUDA and Haryana Government should introspect the manner in which the cases are taken up in Hon’ble High Court and Hon’ble Supreme Court.

Author of this blog Pankaj Yadav is a practicing advocate at High Court of Punjab and Haryana, Chandigarh and is taking up the matters about HSVP/HUDA. Issues like delay possession, alternate plots, enhancement, etc are being taken by him. The author can be reached at pankajyadav.legal@gmail.com or +91-9711791179

HSVP, Gurugram in a reply to RTI, confirms that there is Court Stay on plots of Sector-57, Gurugram.

Earlier it was assumed that news of court stay on transfer, construction, completion, etc on the plots of Sector-57 were all cooked up stories. 

To ascertain whether this news has to do something with reality, an RTI was filed asking about the information of court stay on Sector 57 plots and whether any sale, purchase, constructions, etc are being permitted by HSVP.
In the reply to the RTI, HSVP gave the list of Civil Writ Petitions (CWP) which are pending in Hon'ble High Court and till the pendency prevails, HSVP can't allow the transfer, construction, completion, etc on the plots of Sector-57.
Now, it is up those plot or floor owners whose future planning is stalled because of this event, which has cropped up into their lives and without any fault of theirs.
It is pertinent to note that HSVP has been issuing transfer permissions to plot and the floor owners even after the cases were filed in the Hon'ble High Court.
Moreover, it appears while courts were deciding the matter and gave stay or status quo, HSVP was not there to put their point forward, that they have done the planning and people are living there.
Till there is no resolution from the court, matters stand suspended.
Aggrieved people can approach the Hon'ble High Court for relief as it HSVP which has put them in trouble.

Author of this blog Pankaj Yadav is a practicing advocate at High Court of Punjab and Haryana, Chandigarh and is taking up the matters about HSVP/HUDA. Issues like delay possession, alternate plots, enhancement, etc are being taken by him. The author can be reached at pankajyadav.legal@gmail.com or +91-9711791179

One-Time Settlement Scheme (OTSS) by HUDA has to be challenged before 15th July 2018 else there will be no option left.

The Haryana Shehari Vikas Pradhikaran (HSVP), earlier know as HUDA has been shouting from rooftop that it is under severe cash crunch. Therefore it can be presumed that in order to gather money it has issued Enhancement Recovery Notices throughout HUDA Sectors in Haryana particularly in Gurugram, Panchkula, Faridabad, Rohtak, Ambala, Bahadurgarh, Rewari, Sonipat, Hisar, Panipat and Fatehabad.

There was huge outcry amongst the residents of HUDA Sectors wherein people have been living since last 20-25 years. The reasoning given by HUDA of levying enhancement in these sectors was indigestible and are liable to be withdrawn. Residents of these HUDA Sectors have held rallies, Dharnas etc against the HUDA or Haryana Government's move.

Sensing the outrage and anger amongst residents and plot owners Chief Minister of Haryana who also happens to be the Chairman of HSVP/HUDA convened a meeting on 4th May 2018 of RWAs of these HUDA Sectors and in that meeting he gave an offer of One-Time Settlement Scheme (OTSS) with a rebate of 40% which has to be availed in 2 months and after that keeping in mind the concerns of residents a relook at enhancement will be done and if there are any corrections then same would be done residents but the plot owners will lose the right to avail the rebate.

One-Time Settlement Scheme (OTSS) of HSVP has created the divide in residents and plot owners. Prior to this scheme almost all Sectors of Haryana was ready to fight this enhancement either by demonstration or litigation but by bringing this One-Time Settlement Scheme (OTSS) with a rebate of 40% HUDA has created the divide amongst the residents and plot owners of these HUDA Sectors as not everybody is in frame of mind to litigate. Besides this there are few owners who bought properties just as an investment and would like to exit if given chance, these people will like to avail the OTSS with a rebate of 40%.

Now the residents and plot owners of the HUDA Sector of Haryana wherein enhancement has been levied can be categorized as under:

• Residents of those sectors wherein the enhancement is not under challenge and they have defaulted the payment will eagerly seek the rebate.
• Residents  who have money and don't want to litigate will deposit and avail advantage of policy.
• Residents who want to pay but are unable to accumulate this huge amount in this short span of 2 months.
• Last one are those who think that whatever enhancement is claimed is un maintainable and will not hold waters if calculated correctly. They will not deposit the enhancement under this scheme.

Now the policy has to be challenged and that too before the expiry of policy, to claim the benefits of the scheme in correct manner and legal points which makes the policy challengeble are:

1. This offer is being given by a welfare state which has its responsibilities towards its subjects. Hence state can't behave like a private company or a money lender. It can't push its decisions down our throat with no options. This One-Time Settlement Scheme (OTSS) of HSVP  is nothing less than Britisher's Rowlatt Act also known as Black Act wherein there was No Dalil, No Vakil, No Appeal i.e., no pleas, no lawyer, no Appeal.
2. The outstanding amount displayed in PPM of allottee on which this OTSS Policy is supposedly giving rebate on is being objected and needs to be reduced drastically.
3. Government and HSVP can't give rebate of fictitious figures and same has to be rational. Only then rebate would have sanctity otherwise it would be like discount offered by some shopkeepers who first escalate prices and then announce sale in order to attract customers.
4. There has been various instances like in Sector-26, Panchkula, Sector-52 & Sector-51 Gurugram wherein the HUDA/HSVP has reduced their claimed enhancement cost, so it can't be ruled out that there is scope of relief in Enhancement claimed now.
5. HSVP is forcing the allottees to accept this offer without disclosing the other option i.e what would happen if rebate is not accepted. This is sort of a wager agreement and is liable to declared void in court of law.
6. Particularly in the case of Sector-57, Gurugram the 1st Enhancement is still under challenge in the Hon'ble High Court and Plot Owners have deposited 1st Enhancement under protest there is every likelihood that HSVP will have to lower its claim as there are big wrongs in the calculations. So before the decision on 1st Enhancement the 2nd Enhancement shouldn't have been issued or this  OTSS Policy of 40% Rebate should be applicable on deposited 1st Enhancement as it is still under challenge.
7.  In layman terms the discount should be offered on correct amount which HSVP could explain to its allottees.

The current One-Time Settlement Scheme of 40 % Rebate has to be challenged as early as possible as after 14th July 2018 the challenge will be non maintainable. The following allottees can challenge the OTSS Policy of HSVP giving rebate of 40% on outstanding:

1. Those residents and plot owners who have challenged this or previous enhancements and outcome is still pending.
2. Those residents and plot owners whose have made their calculations and are of belief that they are on strong footings should challenge this policy and take the relief of 40% on corrected amount.
3. Those residents and plot owners specially Sector-57, Gurugram who have deposited their enhancements just few days prior to this scheme.

Author of this blog is Pankaj Yadav and is resident of Sector-52, 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

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

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.

Huge Relief for the HUDA Plots & CGHS Flat Owners in Sector-51, Gurgaon is on cards

In an major development pertaining to the Enhanced Cost levied by cash crunched Haryana Urban Development Authority (HUDA) the residents, plot owners & Group Housing Apartments owners in Sector-51 are bound to get relief on the lines of Sector-52, Gurgaon.

Despite of the fact that Residents Welfare Association & various Plot owners in their personal capacities had approached HUDA against the atrocious escalation in plot cost by them. 

As usual intentionally or due lack of caliber HUDA was not able to address the issue, hence the residents were left with no option but to approach Hon'ble High Court of Punjab & Haryana. High Court in almost all petitions directed HUDA to resolve the representations of residents & plot owners of Sector-51. Thick skinned HUDA didn't paid any heeds to High Court's direction and have faced and are still facing various Contempt Cases.

Ray of hope didn't came through High Court but came by the way activism of few residents of Sector-51 and Artemis Hospital (which is also being levied Enhancement). On 02^nd February 2016, a delegation of Artemis and Sector-51 met Sh P Raghavendra Rao, Additional Chief Secretary, Town & Country Planning, Haryana and he after accessing the facts ordered " A committee headed by CCF, HUDA and CTP, HUDA, Administrator, Gurgaon, Estate Officer, Gurgaon, representative of hospital and a representative of Resident Welfare Association of Sector-51, as the members would constituted by Chief Administrator, HUDA immediately. The Committee would examine all the relevant issues and determine whether the enhancement calculations have been correctly made and submit their detailed report to Chief Administrator, HUDA who would take a final decision on the same based on merits and equity. The committee is directed to decide the issue within 3 months from the date of this order and in the meantime no coercive action be taken qua the property involved in this case. Disposed of accordingly."

After much follow-ups a meeting of said committee took place on 28^th June 2016  but didn't seem much keen to resolve the issue.

However, feeling the pain of enhanced cost the members of RWA Sector-51 have been meeting  top brass again and again in Chandigarh. Things are seemingly appear to shaping up for a huge relief as there are major flaws in the calculation by HUDA and it's departments.

It is pertinent to note that Sector-51, Gurgaon has been made to pay more than Rs 10,000/- per sq yards were as plots were allotted at Rs 3400/- per sq yards. Meaning thereby the Plots owners and residents have asked to pay more than thrice.

Disclaimer: Author is active member of the group which is taking up the matter with authorities. To understand more,  for consultations please feel free to contact author of this blog at 9899790003 or write at pankaj@easyghar.com.