Enhanced EDC Stayed by Hon'ble High Court

[jagdev]

Great Job!

Best regards,
Jagdev

[brandoo]

Hi
Greetings
Actually the stay is on the "entire EDC" (EDC+EEDC if being demanded in any case), as per the order and quoted HUDA notification in the stay order.

Cheers

Stay is on 2011 policy which is called enhanced EDC and not on the EDC per say, Dheeraj correct me if I am wrong in my interpretation.

[dheerajjain]

Hi
Greetings
Actually the stay is on the "entire EDC" (EDC+EEDC if being demanded in any case), as per the order and quoted HUDA notification in the stay order.

Cheers

Stay is on 2011 policy which is called enhanced EDC and not on the EDC per say, Dheeraj correct me if I am wrong in my interpretation.

Stay is on fixation of EDC. Actually, EDC rates that were charged by Govt. previously were tentative EDC rates which we say original EDC. Now, by virtue of notification, Govt. fixed EDC rates retrospectively (going back 6 years in time) which resulted in EDC rates almost becoming double of tentative EDC rates. Difference we call enhanced EDC. Now, one interpretation as BlessU mentions may be is that stay is on entire EDC amount. Another interpretation may be tentative EDC (original EDC) stands and stay is on enhanced EDC

[BHAV]

Members who have NOT yet paid enhanced EDC can use attached template with supporting documents prepared by GFWA legal team to be sent to your concerned builder. Please note that next hearing in Kurukshetra Case is on 10-04-13 and it is a possibility that stay may be vacated. If you get any communication whether positive or negative from your respective builder, please share it as it can be very beneficial for GFWA High Court case for quashing of enhanced EDC.

GFWA requires your support to move forward. Please become a GFWA member today or renew your GFWA membership. Renewals are necessary for 2013. Please follow links under Site Announcements Box above.

dear dheeraj ji
I had sent these attachments to BPTP i have got this reply

"Dear Mr. Kapur

Greetings from BPTP!

This is with reference to the trailing mail. We wish to inform you that there is no such intimation received by us pertaining to EEDC. Hence we would request you to please clear the outstanding in your account as delayed payment charges are being levied on overdue payments.

In case any such intimation will be received by us, the required adjustments will be taken care of.

Should you require any assistance please feel free to call at +91-124-385 (2787) or write in to us at customercare@bptp.com.

Thanks & Regards
Komal Jain
Customer Services
BPTP Crest
Plot # 15, Udyog Vihar Phase-IV|Gurgaon-15, Haryana
Phone: +91-124-385-BPTP (2787)
Fax No. : +91-124-385-2999
Email: customercare@bptp.com
Website: www.bptp.com
* All BPTP communication is done through e-mail id with BPTP domain"

[dheerajjain]

Thanks a lot!! Please forward email to GFWA working committee email address (wc@gfwa.in) and honorable high court will be informed to take appropriate action

[webmaster]

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[Groveranil]

Hi

Can anyone explain what should be done by the person from whom the builder is demanding this increased EDC now before giving the pocession of flat in Sector 86.

[naveenarichwal]

just wait for final outcome . Even this stay is till 10-4-13.

[naveenarichwal]

95% people have already paid EEDC, what is the use of this stay?

[dheerajjain]

Hi

Can anyone explain what should be done by the person from whom the builder is demanding this increased EDC now before giving the pocession of flat in Sector 86.

Hello Mr. Anil Grover,

I think builder would have sent letter to you saying that possession will not be given unless you deposit enhanced EDC. Please forward the same to GFWA Working Committee e-mail address wc@gfwa.in so that the same can be brought to notice of honorable High Court. In fact, Judge asked for written communication to be shown to them so that they can take appropriate action against defaulting builders.

@All, please share any such communication or cancellation threat letters to GFWA working committee (wc@gfwa.in) or post on forum

[pathak_nk]

This is really a great news. As we have already paid enhanced EDC and in such case how this will get refunded.
Please keep posting the results of next hearing.

Regards,
Naresh Pathak
Era Redwood Residency Sec-78, Gr. Faridabad

[dheerajjain]

Source: The Tribune, Chandigarh

http://www.tribuneindia.com/2013/20130330/haryana.htm#8

HC stays EDC enhanced retrospectively
Saurabh Malik
Tribune News Service

Chandigarh, March 29
The Punjab and Haryana High Court has stayed the operation of a memorandum whereby external development charges (EDC) were enhanced retrospectively by the State of Haryana and its functionaries.

The order came on a petition filed by Balwan Singh and other petitioners through counsel Parveen K. Kataria. Seeking the quashing of the impugned memo dated July 14, 2011, the petitioners had asserted that the respondents were already demanding enhancing EDC from developers, licensees and colonisers in the state.

The petitioners had added that enhanced EDC could not be charged as it was without “any authority of law and has not been calculated or charged as per provisions and guidelines issued under the Haryana Development & Regulation of Urban Areas Act, 1975”.

The counsel had also demanded that directions should be issued to the respondents to take appropriate measures to come out with guidelines for protecting the interests of the petitioners and other similarly situated persons.

This, he argued, was essential as the "companies" were taking benefit of incomplete and vague guidelines to “play big fraud” in calculating and charging EDC. He added that the state should also be directed to ensure there were “proper rules and guidelines so that there was transparent system of charging of EDC, interest etc from the petitioners and the public."

The counsel further added that the state and other respondents should also be restrained from collecting enhanced EDC retrospectively “and from taking coercive steps against the petitioners for recovery of enhanced EDC during the pendency of the present petition.”

Taking up the petition, the Division Bench of Justice Satish Kumar Mittal and Justice Amol Rattan Singh issued notice of motion to the State of Haryana and other respondents for April 10. Before parting with the order, the Bench directed: "In the meanwhile, till the next date of hearing, the operation of the impugned memo dated July 14, 2011, is stayed.”

[berrysau]

As per customer care they dont have any intimation regarding this.
So u have to pay the demand otherwise they are going to charge interest.

[sdsaigal22]

I was cut out of all posts and development due to error in GFWA and my email id connection. my fault,actually.
However i have registered fresh.
great news for the stay of edc. so the interest charged by KLJ would also be waived off. isnt it?
do give an insight.
also, what would the court now possibly do on 10.4.2013? remove enhanced edc completely?
regards to all members.
sanjiv saigal

[tinumor]

my compliments to the team that has worked hard.