Enhanced EDC Stayed by Hon'ble High Court

[sushilbhatt]

Dear All

The matter is listed tomorrow and as GFWA (petitioner) we are ready with our arguments. We have already had detailed conference with our lawyers in Chandigarh in past and recently for tomorrows hearing. As GFWA ,we are not concerned that how the builders lawyers will present/argue their case and on what footage as the builders association's main target may be to prolong the hearing as they don't want to deposit the money with DTCP fully which they have already collected from the buyers. The present stay order is a shadow for them to not to deposit the money with DTCP. Our lawyer and sr. lawyer is ready with all arguments and on merit we have provided them a detailed note on retrospective enhanced EDC. We have analysed the affidavit filed by State and that affidavit itself shows that as on date State has an estimation of Rs.650 crores for external development work in Greater Faridabad while they have collected approx. Rs. 2000 (including interest) as Old EDC, hence there is no point to enhance the EDC from retrospectively.

Not only Mr. Ashish Kaul, if any other member have also some good material / information with them e.g. any RTI reply or any other relevant document, which can make our case more stronger, they can come to the court and present the same to our lawyer or the court or if they cannot attend the court hearing they can intimate the same on forum or to me.

Thanx
Sushil Bhatt
GFWA-Legal Team
sushilkrbhatt@gmail.com

[naveenarichwal]

Even if court gives a favourable response against Collection of EEDC, than still the Buyers who have paid EEDC(90%) will have to go legal for return of their money . Also the State has option to file its case again at Supreme court.

[umesh.prabhakar1965@rediffmail.com]

Susheel ji,
Thanks for the information and advise. I have some updated information/RTI Reply to share with the Sr Lawyer which i will do the same on tomorrow in case he appreciates the same. Also it is to inform you that Advocate Rohit Khanna did not bother to come to the court room consecutively for all scheduled dates since January 2014.

With due respect & humbleness i submit that legal team has worked very hard for fighting the case DILIGENTLY and the recent telecon legal team had with Sr LAWYER & Lawyer in order to provide the latest input or relevant data will definitely yield something positive for the public at large,unlike all the previous telecons legal team had with Sr Lawyer & Lawyer in the past prior to all the scheduled dates resulting into ZERO voice/presentation/argument raised before hon'ble court on account of NO input provided to Sr Lawyer well in advance because all the time I & Ashish carrying some fresh input only on the date of hearing and Sr Lawyer escaped himself of argument/averment before hon'ble court.

I am sure legal team is extra careful at this point of time on account of SLOG OVERS are left now.

With great humility let us admit the Power & Passion of Advocate Rajive Atma Ram ji for bringing life back in the matter related to development in Neharpaar area before Hon'ble court. Also it is evident that all the affidavits filed by HUDA till now had a title of case No CWP-19069/2010( Builders Association Faridabad v/s State). Also Please note that Builders Association has never prayed before court to reverse the concept of Enhanced EDC. They have only prayed to refund the delayed interest amount on EDC because of the loss BUILDERS incurring on account non development of neharpaar area.
Also almost imposition of EDC retrospectively, interest accrued on account of collected EDC being parked in fixed deposit instead of spending the same at ground zero atleast until the beginning of 2013 and remaining amount is supposed to be spent in next three-four or five years has been already argued by Sh Ashish Kaul while the previous arguments. Remaining will be argued by Sr Lawyer tomorrow as guided by you and your team.

If something is left over will be argued by me if needed as Sh Ashish is unable to visit to Chandigarh because of some preoccupation.

Finally i assure all the neharpaar residents/allottees that ALIKE in the past I, UMESH KUMAR PRABHAKAR, will not spare any effort to get them victory. Rest depends on Almighty and the hon'ble judges.

Regards

Umesh Prabhakar

[sushilbhatt]

Umesh bhai

You will appreciate that there is always different scenarios and circumstances on each day in court. I know this because I am a legal professional. As far as our case is concerned we have already discuss each and every aspect of our case with our lawyers. Its is not like that they are not arguing the matter or there is no voice from our side. Let the matter come on final stage like tomorrow or any other further date, the matter will obviously be argued. The Affidavit filed by HUDA itself is a bundle of lies and we have already taken care all points to counter the affidavit in tomorrows hearing and our lawyers are also satisfied with our submissions.

I would suggest lets watch the matter and hopefully with our joint efforts we will get the matter in our favour. Secondly I would like to emphasise that the development work is started in Neharpar area just because the petition was filed in time based on various crucial RTI's received by our fellow members in 2011 and govt in a pressure started the development in the area. It is true that all the replies/ affidavits are being filed in Builders matter, however, the same doesn't not matter as all the matters related to EDC are connected and will be heard and disposed off vide single judgement. You will see that the Builders petition was filled in early 2010 and till date no fruitful orders are yet passed in their petition because they are not bothered for quashing of retrospective EDC. They are just bothered to earn more money with our money which they have collected in the name of EDC and they want to delay the deposit of same as much as they can. So I don't think there is hardly any reason to appreciate Builders lawyers that they have got the matter back on track.

Take care. Hope for the best..

[dheerajjain]

Best of luck for tomorrow hearing ! May truth prevail and Justice is given.

Let us fight unitedly. GFWA legal team as well as Umesh Ji and Ashish have done great efforts.

[yadav_ajay]

it is prominent to mention that it is not the matter of specific representation during the case. Sounding negatively about our lawyer / case and same time appraise other would only give negative sentiments to all. We need to be positive and must believe court of law at least, and lawyers who are having round of appreciation from prominent members in the past.
Anyway, Good luck to all and lets wish for better results.

[rajeev2030]

Best of luck for tomorrow hearing ! May truth prevail and Justice is given.

Let us fight unitedly. GFWA legal team as well as Umesh Ji and Ashish have done great efforts.

Please share full name of Umesh Ji and Ashish ?

[naveenarichwal]

Shree Umesh Prabhaker Ji & Shree Ashish Kaul Ji -

[umesh.prabhakar1965@rediffmail.com]

Friends,

The matter listed for special mention of hearing by Double Bench on 19th August could not be taken up for argument/hearing on account of heavy load on all the benches on yesterday.
In fact all the cases listed for hearing on 18 August were transferred/shifted for hearing on 19th August 2014 on account of Janamashtmi being declared as holiday on 18th day of holiday. 18th was not declared as holiday in the beginning of the calendar year of 2014.

Finally at 4.00 p.m. on 19th August 2014 hon'ble justice Surya Kant " RELEASED" himself from the subjected matter. Now the subjected case will be transferred/allotted to another bench and arguments will begin " afresh". Also the bench whom the case will be transferred will give/issue the next date of hearing as per its convenience.

All the arguments/averments made by Sh Ashish Kaul and Sh Atma Ram ji in the last date went in vain and fresh beginning is the fate of the case.
Lets keep our fingers crossed that subjected matter is again goes back to Justice S K Mittal( Because of his standalone efforts the subjected matter came back to life and order of stay was also pronounced by him only).



Lets see how it takes shape?

Regards

Umesh Prabhakar

[cujatin]

Dear Umesh ji,

Thanks a lot for the information and your efforts for the same.

It seems like this is the fate of being an Middle class Indian Citizen.

Lets stay positive for future hearings. One thing just wanted to know that how the honble justice is released from the case on the almost final days of hearing and now we have to start all over again.

Jatin

[dheerajjain]

This incident illustrates pathetic state of Judiciary in India. First, Holiday was declared on 18th August Adhoc which was not there in High Court calendar, (Judiciary gets probably maximum number of holidays for any work in India, they get long Summer Vacation, long Diwali/Dusshera Vacation etc. list of holidays are endless). Then matters of 18th transferred to 19th and then Bench released itself from matter which is very bad since case was already in arguments stage and some arguments had already happened. Justice hardly gets delivered by Judiciary in India

[alok_gupta]

Can we go to the higher court against the way our case is being delt? Why to start afresh after so much time and efforts have been put in?

Alok

[psinghal]

In case of Era Landmark Projects like Era Divine Floors, Lowrise & Highrise, wherein the HUDA department says that Era does not have any land in their name and have not applied for any CLU.

Then how come, ERA can charge the enhanced EDC/IDC from the buyers?

There are many buyers from which ERA has collected the enhanced EDC/IDC charges, but they seems to not have deposited the amount to the HUDA.

[naveenarichwal]

I dont think that every thing will begun from start , Judges keep Changing but the sequence remains same, To think that only one Judge will remain throughout is Unreasonable and delays in Judgment is the ETHOS of this Unfortunate Country . Anyway we have celebrated 68th Independence day.

[umesh.prabhakar1965@rediffmail.com]

Friends,
The subjected case will not start afresh. The only thing is that case may be transferred to another bench and another bench may be same also.
The case was released by justice Surya Kant on account of change of his companion judge Ms Lisa Gill. The case may come back again before Justice Surya Kant for hearing,too.
The only change in scenario is that case which could have been completed yesterday is now prolonged for another 6-12 months.

ON ACCOUNT OF DELAY IN DISPOSAL OF CASE HAS CONSIDERABLY INCREASED MINE OR ASHISH'S PERSONAL EXPENSES TO THE TUNE OF INR 30000.00-40000.00 WHICH I WILL HAVE TO INCUR FROM MY OWN POCKET.

Regards

Umesh Prabhakar