Hi
Greetings
In a recent writ, questioning the role, responsibility and inaction of DTCP, pertaining to Irregularities and Illegalities committed by builders in the execution of Licenses bestowed by it, the DTCP has "Disowned" itself from any such responsibility.
Hiding once again behind
DLF v/s DTCP Case 550 of 2003 SC Judgement, the DTCP claims the order absolves it of any responsibility whatsoever, from any illegality/irregularity etc being committed by Builder on the basis of BBA between buyer and seller.
In brief the SC Judgement was on terms "post delivery" relating to charging of extension, maintenance and transfer fee. However, DTCP does not shy using the same judgement for all matters whether pre/post/during execution of license undertakings.
Does this implies that builder can have any illegal/ulta vires the HRD Act, terms and conditions written in BBA and have them accepted by the customers??
Does this imply that builder once given the license, is free to practice any illegality and go to any extent against the undertakings given in the licensing conditions??
Does this imply that DTCP as no right nor power nor responsibility to ensure the legislative will in execution of powers bestowed on its office by the ACT??
Does it imply that a contract entered in "Private law Domain" on the basis of empowerment by virtue of an Agency created in the license by DTCP, under the "Public law Domain", can infringe the rights of individuals??
The extent of corruption and hand and in glove relation between bureaucracy and builders leave no security for an ordinary law abiding citizen, for securing his fundamental constitutional rights.
The matter pertaining to Triveni being subjudice,
DTCP has shown its inability to recover EDC to the tune of Rs 177 cr, entrusted upon the builder for collection from customers!!! All that can be said is that under the current regime,
Home buyers in haryana have no security whatsoever, unless the court intervenes and restore some sanity.
Cheers