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

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