Enhanced EDC Stayed by Hon'ble High Court

[Nikhil2802]

Dear Legal Team,

Requested to please update on what went through in today's hearing. Anxiously waiting for some ray of light...........

With Regards,
Nikhil

[dheerajjain]

GFWA Legal Team attended Court Hearing today. Stay continues on enhanced EDC but sadly compliance by Govt. as well as builders seems to be not occuring. Arguments can't happen today since Govt. has still not submitted all documents demanded by Court. Positive thing today was more districts in Haryana have joined this war against enhanced EDC and 7-8 associations have filed cases. Fight started with Faridabad and now it has spread to entire Haryana.

[BlessU]

Hi
Greetings

More people joining is a proof that the demand for EDC, its calculations, enhancements without any defined logic, way builder charge them from customers, way builders use it to finance its own expansion, are absolutely illegal and against the principle of "Salus Populi Suprema lex esto", means that the welfare of the people is the supreme law..

We are supposed to be provided "Affordable Housing" as mentioned in the various Acts, in return all private builders and govt are simply busy extracting more money in terms of EDC/IDC, escalation cost, super area increase etc.

In the end court cannot go beyond the fundamental rights and constitutional maxims.

Its really appreciable of the core team here at GFWA and all members who have supported and have kept this case alive and taken it to the next level without showing any fatigue and maintained focus.

Cheers

[Nikhil2802]

Dear Dheeraj Ji,

When is the next date for hearing and what stand has the court taken on non-submission of desired documents by HUDA & DTCP.

WIth Regards,
Nikhil Mittal

[umesh.prabhakar1965@rediffmail.com]

Friends,

The next date of hearing/ Argument is scheduled on 19th August,2013.
State has filed their Affidavit at the time of hearing on 11th July,2013 but is incomplete in nature. And the incomplete Affidavit will hardly matter much to the arguments during the next scheduled dates.

The only delay may happen that Advocate General does not appear in the next scheduled date but We are sure that Hon'ble court will not provide much reprieve/ breather to the STATE.

Now the matter/case is hardly Two & a half or Three months away, from now, to get disposed at the maxim.

All of the members are hereby requested to keep their fingers crossed for the LANDMARK Judgement.

Regards

Umesh Kumar Prabhakar

[umesh.prabhakar1965@rediffmail.com]

Friends,

The next date for hearing is scheduled on 19th August,2013.
STATE has filed the Affidavit on 11th July,2013 at the time of hearing but the Affidavit is incomplete in nature. Therefore the petitioner lawyers called for adjournment as they need some time to prepare for ARGUMENTS. ALSO it is brought to the knowledge of the members that arguments will begin from the next scheduled date as the course of filing REPLIES/ AFFIDAVITS/COUNTER REPLIES/REJOINDERS has come to an END on 11th July,2013.

Also the incomplete Affidavits submitted by the STATE on 11th July will not matter much during the course of Arguments in the further scheduled dates.

I am sure the case pertaining to QUASHING of retrospective EDC will not take longer course and may be decided by the Hon'ble court within next Three months.

Lets keep our fingers crossed for the LANDMARK Judgement and keep Patience.

Regards

Umesh Kumar Prabhakar

[asim123]

Umesh ji , our congrats to you and the entire team fighting hard. You are right , this could be landmark judgement eitherways.

regds
Asim

[drajitpratap]

Mr. Umesh,
Thanx for the input. I am sure case will go in our favour
ajit

[ddamitav]

Thanks Team for doing a great work.....has the hon Court informed that still Builders are pocketing EEDC, and there is no notification from DTP to builders not to charge EEDC until stay is there.

Regards,

Amitav

[umesh.prabhakar1965@rediffmail.com]

Friends,

Please find attached herewith a news published in INDIAN EXPRESS pertaining to to the Affidavit filed by Chief Town Planner, Haryana on 11/07/2013 before Hon'ble High court.

If the Affidavit submitted by CTP is the same as per the News published i personally opine that STATE will not be in a position to support/stand by the very basic idea of Enhancing the EDC retrospectively.

I am sure CONSUMERS/Home Buyers in Haryana are going to win the case pertaining to QUASHING the EEDC by the Hon'ble High Court.

However i am trying to retrieve the copies of Affidavit submitted by CTP before Hon'ble High Court on 11/07/2013.
Remaining comments will be made only after going through the Affidavit.

GREAT NEWS.

Regards

Umesh Prabhakar

[BlessU]

Hi
Greetings

Well said Umesh ji

DTCP is behaving more like DTCP Pvt Ltd in which shareholding is of builders, politicians and administration.

Same for HUDA.

All complaints made by ordinary citizen fall on dumb and deaf ears while all reliefs are available for Builders.

I am hopeful that more than more than 100% enhancement of EDC, retrospectively will be rolled back and refunded to all home seekers. Besides better accountability and transparent rules to be followed by HUDA/DTCP.

Anxiously looking forward for the next date.


Cheers

[dheerajjain]

It is good that DTCP has submitted detailed affidavit for almost all districts in Haryana for the first time ever in High Court. Numbers are simple: Rs 15,000 crores collected (..and about same amount will be pending to be collected), ONLY Rs 9500 crores spent out of which half of this amount, around Rs 4700 crores is spent on 'land and administrative' charges. How can State charge "administrative charges", Is it a Private Entity? How can State charge cost of land acquisition for development works? It means less than Rs 5000 crores was spent on development from collection of Rs 15,000 crores. Numbers clearly indicate that there was no need to enhance EDC and put extra burden on already burdened home buyers.

[webmaster]

Please read this news article from Indian Express

Hooda govt earned Rs 15,000 cr as EDC, spent only Rs 9,500 cr

[ddamitav]

Its huge................. with this money they could have made Haryna like Singapore...........

[naveenarichwal]

Most Of It would Land Up in Mauritius/Swiss bank account ,And their will be fire in Records dept of Accounts in haryana govt. due to Short circuit.