Showing posts with label High Court. Show all posts
Showing posts with label High Court. Show all posts

Thursday, August 8, 2019

Problems don't end for the Plot Owners of Sector-57, Gurugram. More than 1000 plots fall into court stay & omission


Once again non-application of mind and careless, the attitude of HSVP which was earlier known as HUDA has exacerbated the never-ending woes of residents and plot owners of Sector-57, Gurugram.

Sector-57, Gurugram is still reeling under the atrocious enhancement and matter is still unresolved, despite several assurances for the HSVP and worthy Chief Minister Sh Manohar Lal himself, now this sword of ambiguity in the name of stay on plots hangs plot owners and residents.

The HSVP says that more than 1000 plots of Sector-57, Gurugram fell into the category of being omitted or bears the status of court stay. HSVP says that landowners on whose land these plots have been carved out, have approached Hon'ble High Court & Hon'ble Supreme Court for the release of their lands under the provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The matter is either pending in either of the above mentioned courts.

It is difficult to understand when landowners went in court for relief in the years 2014 and after, then why HUDA/HSVP allowed the sale purchase and construction of these plots, these developments were not told to the plot owners, who are equal stakeholders in this development.

What does this stay means?
This stay means that no transfer permissions for sale of plots, no completion certificates after the construction of the house etc would be given by the HSVP.

How this would be resolved?
Until HUDA/HSVP appeals or makes prayer in courts where matters are pending saying that 3rd party interest is also being created and someone else other than Land Owner and HUDA/HSVP is also affected because of this stay imposed by HSVP citing court orders.

Those who are immediately affected by this stay and who are denied the sale or purchase and those who are unable to get completion certificate etc should make a representation to HSVP and later will have to approach the concerned court for seeking relief.



Author of this blog Pankaj Yadav is a practicing advocate at High Court of Punjab and Haryana, Chandigarh and is taking up the matters pertaining to 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


Wednesday, May 23, 2018

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


Monday, April 16, 2018

Enhancement in HUDA Sectors : An insight and ways of going against it.


Many Sectors of HUDA throughout Haryana are reeling under the pressure of Enhancement in HUDA's  Plot cost. There are news of agitations, dharnas etc against Enhanced cost which has been imposed by HUDA on the pretext of Enhanced Compensation that has to be paid by Haryana Government following court's directive to the land owners on which the HUDA Sectors were carved out.

Whether HUDA justified in claiming such Enhanced Cost?
At the time of initial allotment of HUDA Plot there is Condition No. 9 which says " 9. The above price is tentative to the extent that any enhancement in the cost of land awarded by the competent Authority under the land Acquisition Act shall also be payable proportionately as determined by the authority. The additional price determined shall be paid within thirty days of its demand."
Legally speaking while accepting the allotment, allottee enters in Agreement and thus HUDA can force its way under the provisions of The HUDA Act, 1977 and The Indian Contract Act, 1872.

Method of Calculating Enhancement by HUDA is dubious.
It is pertinent to note the method by which HUDA calculates the Enhancement Cost is confusing and opaque. Despite of various efforts HUDA till date never explains the method with which it arrives to a figure. HUDA till all experiences  we have had, calculates the Enhancement keeping the initial plan of the Sector as base, where as at the time when Enhancement is loaded the reality on the ground changes entirely, like large pockets get released, licenses are given to private builders, benevolent schemes are launched by the government etc. Hence, HUDA should calculate the Enhancement keeping the current situation as base of calculation not the initial sector plan.

Can the Enhancement Cost once issued be withdrawn ?
It is the legislative's prerogative to withdraw the enhancement and if the State feels that it can bear the cost onto itself in order give respite to the Plot Owners and Residents of HUDA Sectors, it can withdraw the Enhancement, but there hasn't been a single precedent wherein the Enhancement was  withdrawn.
Withdrawing Enhancement Notice will be like opening  a whole new can of worms for the government as other sectors of Haryana which have paid Enhancements in the past will also start claiming for reimbursement of their paid enhancements through the court of law.
Government can by the way of Gazette Notification or change in HUDA Act stop Enhancements in future, any retrospective relief will have to extended to all Enhancement till date. It is vital to note that HSVP (HUDA) has cleverly issued notices of Enhancement despite of the fact Hon'ble CM was issuing statements promising relief.

Only factual representations to HUDA from the plot owners can save the Day…
There are lot many dharnas, protests, media coverage being done throughout Haryana against the atrocious escalation of Plot Cost. This is genuine outcry but as we all have seen that current and as well as previous dispensation virtually didn't had any sensitivities, all governments have rubbished such demands citing court's order.
A detailed representation wherein the method and points on whose basis the HUDA calculated the Enhancement Cost, needs to be challenged and contradicted. This representations will remain the sole basis for the relief which is being sought from government or the relief which is anticipated from the Hon'ble Courts.
We have seen in the cases of reduction of enhancements in Sector -26 of Panchkula, Sector-52 & Sector-51 of Gurugram that the solid and factual representations led to the reduction of enhancement.
If the plot owners approach the court without filing the representation or after filing vague and emotional representation then there are dim chances of reduction or reversal as has been in the case of 1st appeal against the enhancement of Sector-57, Sector-27, Sector-28, Sector-42 & Sector-43 of Gurugram.

What should a proper representation be like…
A proper and fitting representations should challenge the method of calculation like:
·        How much area was acquired and how much of area is being used by residents and residents related public utilities.
·        What is the area under Green Belt as per site plan for which enhancement is seeked and what is actual area on ground.
·        Is the area for which enhancement is seeked acquired earlier or land was already with HUDA, as it was the case in Sector-51 & 51 of Gurugram.
·        Open spaces and HUDA Land should be go clarified.
·        What money has Govt has actually paid and what is that it wants to recover, meaning thereby detailed study of awards and actual payments have to be verified.
·        When was the award or court verdict was announced and when the payment was given, delay in payments needs to be proved.
Besides this there are many technical points which needs to be raised to bend the government. As it has been seen relief has only be provided, wherein the HUDA has been confronted.

When and how to approach the court.
Most important part is the unity and common approach. It generally happens that there is difference in opinions as the issue involves public at large. If any group without proper preparation approach the court and is unable to satisfy the court for the grant of adequate relief, this would make the path difficult for those who approach court with proper preparations, as once court rejects or dismisses the petition than it becomes difficult for counsel to convince the court for desired relief. So court should be approached in group and unison.

Author of this blog is Pankaj Yadav 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



Monday, March 19, 2018

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 08th March 2018 which was written from Chief Administrator HUDA to Estate Officer-II, HUDA, wherein there are directions to recover 2nd 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 1st 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 1st 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 2nd Enhancement while fate of 1st Enhancement cost is still subjudice.
It is pertinent to note that the letter announcing the 2nd 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 1st Enhancement nor in the proposed 2nd Enhancement, still on the very basic premise, there are apparent anomalies in 2nd Enhancement. The anomalies are:
  1. When the 1st Enhancement is still under challenge then why HUDA has brought up this 2nd Enhancement?
  2. The letter for 2nd Enhancement bears mention of Hon'ble ADJ's orders of 2009-11, then why this was not recovered in 1st 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 2nd 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 2nd Enhancement in the court of law. In this process on 18th 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



Wednesday, September 28, 2016

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 02nd 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 28th 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.



Friday, August 8, 2014

Fight against Injustice paid, HUDA bows down. HUDA to refund Rs 1870.69/- per sq yards with 15% interest.

It is a great news for those who were monitoring the progress of fight against enhancement in various HUDA Sector of Gurgaon.

In petition filed by the Progressive Citizen Welfare Association, Sector-52, Gurgaon against HUDA for the unexplained enhancement of Rs 8,200/- per sq yards, Hon'ble High Court has directed HUDA to resolve the issue pertaining the enhancement cost of sector-52, Gurgaon by constituting a committee.  HUDA as usual slept over it and the members of the petitioner association again moved to Hon'ble High Court and filed contempt against the Chief Administrator HUDA. HUDA took the court's directions lightly did not act at all, subsequently court penalized Chief Administrator with fine of Rs 50,000/- and directed to repond in 2 weeks or face the contempt. 

Fearing contempt HUDA passed frivolous orders and did not engaged the petitioners at all. However the representation by the association was taken. HUDA in early days of August 2014 had to pass the orders wherein they have reduced the amount of enhancement by Rs 1870.69/- to be refunded with interest of 15% from March 2012. 

Till now it is not clear whether HUDA will pass on the benefit to all the plots owners or only the petitioners will be benefited. Association hope and will fight that benefit is extended to all the owners.

Besides this the petitioners are not satisfied with the reduction and are confident that there is scope of further reduction. Petitioners will also demand action against those responsible for such grave mistakes in calculation.


The author is the President of the Petitioner (Progressive Citizen Welfare Association, Sector-52, Gurgaon) and can be reached at 9899740003 or pankaj@easyghar.com for discussion and further clarification.
Author manages a leading real estate portal www.easyghar.com

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.