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once issued be withdrawn ?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precedent wherein the Enhancement was withdrawn.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
