Strategy for fighting against unjustified EDC demand

[MANOJTOMAR]

Dear members of this forum,

I am also a victim of the corrupt practices in the real estate sector of Haryana.

Usually, the dispute starts from subject of EDC, for most of the people.

First comes the shock,
then people gets united,
discuss, gather knowledge,
confronts the builder claim,
write complaints to "kotwal" i.e. TCP,

But, they choose The Deaf Ear.

RTI's filed, no replies. somehow few gets, but little.

STONE remains unturned.

What i have observed is that "they" are not afraid of Judicial system, at all.
This make them to stay calm,composed on the other hand

we are always worried.

still, The last hope, remains

Move to court.

But moving to court is also not a big deal.
Anybody can move to court,
hire an advocate,
file a case,
waits for the dates,
goes to the dates,

and finally, they wins.

why they wins and why we lose?

Some says, they are powerful, they give money to the judiciary to favor them.
some says even our advocates will get sold.

keeping in consideration all the above nexus,
still i want to fight,

Now, the point for which i am writing this................
i requests you to suggest,

what SHOULD be done and
what should be avoided

FOR WINING THE CASE



My views,
I can file a case against my builder for cheating. In this situation the TCP will keep on enjoying.
The central axis of my case will be the action of my builder. Now, the proceeding will revolve around the axis just to prove whether or not the action is justified or not. I dont feel court gives much of the time to mathematics.

On the other side, I can make TCP as a party along with builder, wherein the prayer or axis will be the violation(s) done by builder for the terms of license. Now these violations can be 1 or 2 or many. I could ask through the court, why TCP has not taken action(s) which becomes due on its part against the builder.
This axis of fight will be having the objective of cancellation of license of builder.
This type of punch line will atleast become a cause of concern for TCP and builder. As the a particular monetary amount is not at stake but the license and failure to perform the public duty is at stake.

Finally,
I think, many provisions of the 1975 act, and the EDC policy of the state itself are unconstitutional. EDC for weaker section to paid by common man or the EDC of these air conditioned commercial schools to be paid by us.
If i choose the punch line for fighting as the fundamental rights violation, then
there will be an option to select the PIL category, advantage, bench will hear.
impact of outcome will be broad.

pl give your views/suggestions

as i want to put a case as
2+2=4

and no body should be able to get a judgement 2+2=5.
not to give them a chance to distract the direction.

thanks

MKT

[umesh.prabhakar1965@rediffmail.com]

I also think the same is the only solution to resolve as there is the absolute collusion between colonizer and the TCP.

Umesh Prabhakar

[auditsk]

Forum members/ GFWA

I also agreed with the view of filing of PIL if possibly so that matter can heard on urgent basis or with in short span because development work get push only when some strong order or advice comes from court against Govt/ HUDA/ Builders(Taking possession of balance land, master roads, construction of bridges over canal , sewage system, Sub stns,water supply so that wholesome development can be seen in next two years)

S K Gulati

[MANOJTOMAR]

Thanks for reply,

I have decided to make it for PIL.

I recently came to know, that once upon a time there was an Act 1971 before the present Haryana Development and regulation act 1975.

it was because of court judgement that the provisions of Act 1971 were unconstitutional, the legislative body made the 1975 Act.

It will not be wise to challenge the EDC amount( in Rs) as right or wrong. As i feel when we say something as wrong we have to prove what is right. The respondent will try to prove that we are wrong but they are right.

Finally the judge will be having two versions in front of him. Adding the factor of corruption every where, i have seen most of the sufferers are losing battles.

rather than making the EDC amount as axis for fight, it will be better if i challenge the formula( rule) itself.
if i can prove that the provision xyz of rule 1975 is unconstitutional, automatically the outputs derived on the basis of that formula has to be recalculated. As TCP is not the one who has made the ACT, I have to make STATE OF HARYANA as one of the respondent.

Now this kotwal i.e. TCP is also required to be taught some lesson. I have seen that for most of violations done by colonizer, TCP have framed rules wherein they have made all these offenses as compoundable.
Moreover, they always talk about one supreme court judgement as they cannot speak in buyer/seller agreement.

Here, i request you to give me some inputs wherein i can ask them through court for not doing their public duty such as cancellation of license. or

some general point, a particular mode of their working, which is affecting all the public of state not only my colony.

finally the chor itself.
The respondent number 3, the builder.
He and his brothers in other cities are more or less using same tactics to loot us.

I want to highlight the way of working.

Once the court gets satisfied, with my points

i will get the relief from all the three.

As nexus exists, it has to be dealt simultaneously.

The point i want to convey is

I have to allege only one WRONG per respondent.

Why i am choosing different line of action is for the reason

that I have seen

people are loosing battles.

I don't want to repeat the same steps.

Any suggestions are appreciated.

[dheerajjain]

Mr. Tomar, Judiciary in India is terribly slow and as case progresses, petitioners objective of filing a case gets dead. Old adage is Justice Delayed is justice denied. So, in my opinion, going to judiciary does not always help. With regards to TCP, TCP is totally politically driven and they are now changing some of provisions to make the nature of offences committed by Mr. Vadra compoundable (just pay a penalty!).

[BlessU]

Hi
Greetings

Please find link to the recent draft notification to help easy trading of licenses by politicians and builders. If not opposed within 30 days, it will be incorporated and loot will continue.. Other ways of regularisation of criminal conduct of politically abetted builders (Euphemistically called compounding), being used by DTCP. are also mentioned herein.

http://www.indianrealestateforum.com/640195-post8.html

Taking on the builders due to violation of license terms and conditions and making TCP a party, it is a right approach. Similarly for breach of other acts/laws.

This is apart from PIL based on Supreme court Judgement mentioned in the link, to ensure that TCP/Authorities take appropriate action against erring builders as a part of their duty or face contempt..

Cheers

[kghosh72]

Dear All stake Holders,

There seems to be no way out of this quagmire. what does our Legal eagles have to say about this PIL matter ? We will await there learned judgement and then try to devise any policy.

[MANOJTOMAR]

Dheeraj Ji,
The process in court may be slow but

i have seen ( from the website of chandigarh high court)

that most of the cases are getting decided in 1 or 1.5 years.

The main thing is that we have to fight one case in our life with full "shiddat".

One Retired Officer of Gurgaon, Mr DharamVir Yadav,

got the license of Mayfield cancelled even though this builder was also having friendship with TCP

This man is a true inspiration and like a guide for me. Just a telephonic conversation with him
has motivated me to fight and fight with "proper ranneeti".


so that, whatever may be the outcome,

we will not be having any malal in heart lateron.

[MANOJTOMAR]

I am working on the drafting of PIL.

I had discussed the matter with some experienced persons of gurgaon and faridabad.

Two of them has agreed with my view whereas one Mr Raman Sharma has different view.

I have been told by mr Raman sharma that i should not make my builder as a party in case. He described
the builder as Hathi, and suggested that we should not try to fight with Hathi.
He further suggested that
our focus should be towards TCP and we should make only TCP as the party.
The central focus in the petition should be

what are the possible actions possible on the part of TCP as per rule/policy of the state of haryana

and what has not been done by TCP as per the rule/policy.

basically, the objective will be prove the failure on the part of TCP to perform its public duty.

above said are not mine views but that of mr raman

but have to be given due consideration by us/me while taking final decision.

i would like to have your help in the form of your suggestions whether or not this punch line ( as said above)

will be useful.

personally i am reluctant with the above idea as i am unable to find the answer that if court accepts that there was an
failure on the part of tcp to perform its public then how we
the common man are going to benefited.

moreover, the hopes are not very high with the court case filed by gwfa
in which tcp is the sole respondent.

1. loot in the name of edc
2. non-utilization of edc fund by government

these two issues are very different from each other.
the gwfa present case focuses only on the latter.

as a common middle class man, my first priority like others is to fight against the looting of me.
moreover, usual stand of courts is not executive in nature.

and as far as my understanding goes case similar to gwfa has already been in process by gurgaon.

I feel, a court case
on a different line
in a different pay

is required with the objectives
1. expose the present loot and sought a relief for this
2. security from the possible future loots

if with above development occurs it is welcome but should not be a prime concern as today or tomorrow it has to happen.

[MANOJTOMAR]

My viewpoint for pil is,

the same is accepted valid by cdr yadav and umesh ji of gwfa.

if you find any critics please let me know, as before shooting i can amend

till date...

most of the cases against exploitation focus on one principle.

That respondent xxxx has done yyyyyyyyyyyyyyyyyyyy and

yyyyyyyyyyyyyyyy is wrong

the respondents xxxx defends there stand by proving
yyyyyyyyyyyyyyyyyyyy is correct.

court listen,
gives dates..
they come sometimes
on some dates they don't come...
case gets delayed....
you loose morale.....
they remain calm......
complexity of case matter.....
provides the escaping passage.......

finally you gets a judgement that .....petition is dismissed.
* no judgement says you are wrong.....
but since you cannot prove it wrong hence dismissed.

I concluded...

proving part is difficult....

this becomes our weakness and their strength.

..................................................................................................

Different line:

instead of saying that xxx has done yyyyyyyyyyyyyyyyyy as wrong.

let us take a stand xxx has done yyyyyyyyyyyyyyyy
and accept it right
as per the policy of this state.

Now hit at a layer below.
that is at policy.

and pray it as unconstitutional.
now
respondents will have two choice.

Either to deny that " such a provisions like yyyyyyyyyyyyy doesn't exists in the policy" this standpoint will make them accept what otherwise they would be denying.

else
the case is simple with no escaping passage
and the outcome will benefit the public at large, thus a fit case for PIL.

thanks

[MANOJTOMAR]

Dear All,

We have filed the writ petition

in High Court Chandigarh.

Our petition was dismissed at the the first hearing itself.

We again filed the writ petition.

The good news is

that in our second attempt

not only our petition is accepted

but also

the stay has been granted

on the enhanced EDC notification of Haryana government.

This point is also beneficial to you

since

stay is not on a subject of particular colony

but the stay is on the

base itself. i.e. the basis of all the demands of enhanced EDC by TCP

and subsequently by colonizers

is the Huda CCF .............notification.

The same is challenged and court has granted the stay.

The ground of case is that
Who is Huda?
Who has given the rights to HUDA to decide the EDC rates?
How can TCP ask the colonizers to pay EDC since HUDA is revising the rates?
There is no provision in ACT 1975 for HUDA.
Everything is to be done by TCP?

The concept of initial EDC and enhanced EDC is not according to the ACT.

There has to be one EDC( as per act)
It has to be calculated by TCP depending on the "location"of colony.

All this philosophy of lakhs/acre is bakwas .

lets us all give headache to them.



I will get the copy of stay orders soon and will upload the same here for your benefit.
Thanks

[asiapole]

This is looking too good to be true. Can you please provide some details like who has filed this case and against whom. what is the case number and what was the hearing date. Do you have a copy of judgement. PLease upload some documents if you have any.

[rajeev.kmr.singh]

Manoj,

Loved your post and work. Deep thinking and hard work can take one anywhere. Please give more details of the case as soon as possible. Can't wait to go through the details....

[MANOJTOMAR]

Since the petition is admitted and stay is given on Monday 19.3.2013 only i have yet to get the copy.

However, the following are the details of case

CWP-5835-2013 (HUID HY)

BALWAN SINGH AND ORS

V/S
STATE OF HARYANA AND ORS

Advocate: PARVEEN K. KATARIA

[dheerajjain]

Congratulations ! Hi All, GFWA is aware of this case and senior members of GFWA had been co-ordinating with our friends in Kurukshetra for some months.