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

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

Govt of Haryana approves new policy for Guest Houses in HSVP Sector & Private Colonies

Mighty and powerful got the rules bent once again for their benefit. It is no secret that influential persons which mostly include politically connected persons and rich businessmen, who own good inventory of plots in Gurugram. One can see the Gurugram being converted into Guest House hub and anybody who passes through the roads of HUDA/HSVP Sectors and private colonies like South City-1, DLF, Sushant Lok, etc can see these flourishing guest houses being run by various private companies like OYO and some individuals.

It is also known that these guest houses have mushroomed inside the colonies and HUDA Sectors without any approvals. The mindset of the property owners is that the government has no intention to resolve this menace, as very powerful officers and politically connected people have high stakes in Guest House Industry. A resident who invested their fortunes and made houses to live in is having a Cul-de-Sac situation, as their neighbourhood is not any more favourable place to live.

It is well known that Gurugram is no tourist destination and maximum clientele these guest houses rope in are either patients from the middle east, African nations and few post-soviet states, or those working in corporate. Besides this the sizable number of these guest houses give rooms to unmarried couples of hourly basis, even OYO Rooms lease these rooms to couples through their website.

The sad part is that the government rather than making stringent rules against illegal activities, is encouraging the menace. It is high time the RWA's and other agencies should join hands against this haphazard and haywire development. Past experience makes us arrive at the conclusion that only judicial intervention can save the day for residents.

The key points of policy as per the news reports are :

According to this, the guest house can be legally operated in the residential colonies developed under Urban Local Body, Town Planning and HSVP. On 20.07.2019 the copy of this policy has been forwarded to the director of departments for implementation.

Now rules and norms have been fixed from the fresh to operate guest houses in the residential areas. New rules at a glance

1. Earlier, in a single sector, two guest houses on 1000 sq yds plot were allowed, but now it has reduced its plot square to 500 sq yds.
2. These can even be adjoining plots of 250-250 sq yds each. The plot should only be on the service road of the Sector Road with the colony.
3. Now there is no limit of Guest Houses which can be permitted in Sector/Colony.
4. This will be allowed only in the residential area, where internal and external services will be available.
5. Only Urban Local Body will grant licences to such guest houses running in the jurisdiction of HSVP Sectors or licensed private colony.
6. 50% of commercial EDC-IDC fee will be deposited for acceptance of the guest house. 
7. For the parking of vehicles, the wall of the main gate of the building can be removed.
8. The building owner will not be allowed to sell or convert it to flat.

 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 HUDA/HSVP.  The author can be reached at pankajyadav.legal@gmail.com or +91-9711791179

HSVP does it again. Selectively re-allots disputed plots in Gurugram at prime locations.

Once again non-application of mind and careless 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.

TO KNOW IF YOUR PLOT IS UNDER THE STAY OR OMISSION THE

CLICK HERE

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

Plot rates sees 30-40% rise in Gurugram & Independent Builder Floors rates in Gurugram are bound to rise in coming days.

There was a steep fall in rates of Delhi after demonetization and subsequently, Gurugram also bore the brunt of this demonetization. Besides this shortage of parking space, increasing traffic in lanes of Delhi roads has caused ripples in plot rates in neighbouring Gurugram.

Post demonetization, in the last 10-12 months there has been and a steep rise in property rates and following the trend Gurugram has also seen an unprecedented rise in the plot rates. As of today this hike is limited to the plot rates and hasn't affected the floor and apartment rates as yet. There have been 25% to 40% rise in plot rates all over Gurugram.

This rise in the price of the Plot has been mainly attributed to the approval of 4^th Floor and increase in FAR to 198%, therefore those persons who were in the business of constructing floors in Delhi found Gurugram attractive. You will see the spike in the construction activities throughout Gurugram.

It can be easily seen that least developed Sector-57 of Gurugram has seen rampant constructions and plot rates have increased from Rs 50,000/- to 95,000/- per sq yards in last 6-7 months.

Now the moot question is that what happened to the rates of Independent Builder Floors in Gurugram have they remained stable or increased?

During the last 2 years, the rates of the plot haven't increased in the magnitude of the plot rates, rather they have been on the same slab for the last 2 years. The main reason which can be attributed to this that builders who purchased a plot at cheaper rates are still earning the same or more, as compared to the one who has started building floor after buying the plot at increased rates. More or less the current inventory is being sold at the same rate as it was 2 years back (marginal increase can be seen at some places).

What will happen the rates of Independent Builder Floors in coming days?

It is the simple age-old concept of demand and supply which will ascertain the rates of plots, once the inventory of those builders who procured their plot prior to this hike is sold, the builders who are indulging into constructions of new Independent Builder Floors will be selling their inventory at the prices proportionate to the plot prices.

Comparative Study of the Plot rates and Independent Builder Floors during last year.

Location	Plot Size (sq yards)	Rate of Plot		BHK	Rate of Floor
		1 yr back	Today		1 yr back	Today
DLF Phase 1	270	1.35L	1.50L	3 BHK	2.10Cr	2.25Cr
DLF Phase 2	215	1.35L	1.65L	3 BHK	1.60Cr	1.90Cr
DLF Phase 3	215	1.25L	1.50L	3 BHK	1.40Cr	1.70Cr
Sushant Lok-1	215	1.10L	1.30L	3 BHK	1.10Cr	1.40Cr
South City-1	240	1L	1.20L	3 BHk	1.30Cr	1.55Cr
South City-1	340	90k	1.15L	3+1BHK	1.80Cr	2.30Cr
Sector -45	204	85K	1.10L	3 BHK	95L	1.15Cr
Sector-46	204	95K	1.25L	3 BHK	1.Cr	1.10Cr
Sector -47	204	85K	1.10L	3 BHK	95L	1.10 Cr
Sector -57	204	75K	1.05L	3 BHK	80L	95L
Vipil World	360	65K	90K	3+1BHK	1.60Cr	1.70Cr
Uppal Southend	311	85K	1L	3 BHK	1.30Cr	1.60Cr
South City-2	240	85K	1L	3 BHK	1.15Cr	1.35Cr
Malibu Towne	240	1L	1.40L	3 BHK	1.45Cr	1.65Cr
Sector -57	263	70K	93K	3 BHK	1 Cr	1.10Cr

Buy it now, else you will miss the bus….

High price and subsequent high maintenance cost in private builder's apartments and builder floor is attracting the home searchers towards as Independent Builder Floors of HSVP's Sectors and Private Colonies. It highly recommended that those who are in dual mind whether to wait for a falling price or buy at current price should buy decently constructed Independent Builder Floors anywhere in Gurugram. Local administration is giving a push to basic infrastructure of Gurugram and buyers are advised to get into this rush bus else they will miss the bus.

Disclaimer: The opinion of the author is based on personal learnings. Please re-confirm rates before buying or selling properties.

The Author of this article Pramod Singh is into real estate business since last decade. He can be reached at +91-7000042762or +91-9899790003 for consultations and assistance. Kindly write your query in comments.

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

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