Legal Action Update against increase in EDC charges

[rohan.raj4u]

Hi,

I request you to please answer the questions of 'vrati' and 'puneetgarg'. What should be our course of action?
We did posted the mail to Builder but piyush group is not replying. They just sent the newspaper cutting scanned.

Do anyone in Piyush group visited the office or, any idea what builder is saying on - if EDC not paid on time. Are they ready to wait till the Honorable high court ?

Thanks

[webmaster]

Hi Rohan,

It would be difficult to provide a direct solution to the next course of action. Most of us have decided not to pay the increased EDC charges.

Please become a GFWA member and follow the discussions in the GFWA section for the petition case. We cannot post all the details in the general section.

gfwa-members-zone.html

[tkgupta29@ymail.com]

Dear all ,
No doubt the matter is now very complicated & will take time for the solution. A great job has been performed by our GFWA core team & Dheeraj Jain .
Neither I have paid the demand of enhanced EDC nor the builder has responded to our letter so it is quite feasible to wait only

Tarun Kumar Gupta
9910655890 From Piyush Heights

[Tarunvohra]

What is the update of hearing on 1st Nov

[azzu]

Does any one has any update regarding the hearing that was supoosed to happen on 1st November 2011.

[Monabanerjee2006]

Does anyone have any update regarding the court ruling and what happened?

Please inform and let us know.

Cheers
Mona

[webmaster]

Dear Members,

Updates on the court hearing and writ petition filed by GFWA is available at the GFWA section only.

gfwa-members-zone.html

Please remember this is an exclusively section only for GFWA members who have paid the membership fees of Rs.500.

Members can apply for GFWA membership by paying the membership fees and submitting the form in this link

http://www.myfaridabad.in/gfwa-membership-form.html

[dheerajjain]

Hi All.

As informed by our (GFWA) Advocate, all 3 opposite parties i.e. the DTCP, HUDA and State of Haryana have finally filed their detailed replies to our writ petition. Now the court has adjourned the matter for 6th March 2012 and we are directed to file our rejoinder (reply),before 6th March. After completing these proceedings, the matter will be considered for arguments in the matter.
This is a positive development and certainly, we are now ready to argue our matter for getting quashed increased EDC charges.

Detailed level and further updates will be provided ONLY in GFWA Exclusive Section on myfaridabad forum. To become a GFWA Member, please follow this link:
gfwa-bank-account-details-for-contribution-t594.html

Regards
Dheeraj

[amahesh]

GFWA had filed a legal petition several months ago against the EDC/IDC hike.
Can anyone please share if there has been any decision on it.

[Manoranjan]

GFWA had filed a legal petition several months ago against the EDC/IDC hike.
Can anyone please share if there has been any decision on it.

Food for Thought

What’s after the High Court verdict is once out? Does the buck stop here? If we lose in the litigation, shall we file any appeal or accept the verdict? Perhaps majority of us would prefer to go for an Appeal in the higher forum, since we cannot abandon the struggle halfway. Same logic also applies to the HUDA, Haryana Govt and Builders also. My point is : High Court is not the last stop and ultimate relief giver. After losing a case in the High Court one may file an Appeal before the Division Bench of the same High Court (if the order is from the Single Bench) or directly before the Supreme Court. Even after losing the case in the Division Bench the party can appeal to the Supreme Court. Even after losing in Supreme Court it can appeal to a larger bench in the Supreme Court. When a Petitioner or Respondent files an Appeal before the Supreme Court challenging the Order of a High Court, alongwith his ‘Petition to Appeal’ he also files a ‘Stay Application’ and gets it registered under the ‘urgent’ category in the Registry of the Supreme Court and gets it listed on priority basis. Then on the very day of admission of the said Appeal, the Supreme Court with the order of issuing the notices to all the parties for filing their Counter Affidavits (replies) also grant ‘stay’ on the operation of the High Court’s Order. After receiving notices, the Respondents then file their Counter Affidavits through their Counsels. Then the Petition also gets a chance to access the copies of the Counter Affidavits and file his ‘Rejoinder’ if any. Thereafter, the Respondents would be asked to file their replies to the said rejoinder. It takes at least six months in civil cases. Then, the matter is listed for argument. Here the Petitioner doesn’t pursue the matter with the Registry of the Court for early listing of the matter, because on the very first day he has got the relief (may be temporary) from the Court, by the way of ‘stay’. It is the Respondent who has to pursue and follow it up. When it is listed for argument, on most of the dates the case is adjourned or left over for the next date of hearing, i.e. after 3-6 months. By this way the case lies pending for several years. In our case, suppose we win (hopes so), then the respondent party (HUDA, Haryana Govt and Builders in this case) may file Appeal in the Supreme Court. For appealing in the Supreme Court we have to raise funds, find a good lawyer and follow it up on a regular basis. But a Government has a battery of lawyers already empanelled in all the Courts through out the Country to file petitions/appeals and monitor the progress. Moreover, the Government Authority has money, patience and manpower to manage the cumbersome and tedious judicial/litigation process of our country, which we don’t have. If the Government manages to obtain a stay order from the Supreme Court (my experience says, in 90% of appeal cases Supreme Court grants the stay), it would have a strong alibi for withholding the work as-is-where-is. Its strong plea would be that the matter is sub judice. Getting the stay vacated in Supreme Court is not an easy task. Hence, even after winning the case in High Court we would still remain as loser. If the litigation lingers for 4-5 years, it would be a severe blow to us. Even if we win the case finally in the Supreme Court most of us would not await for celebrating the same, since in the meantime they would do distress sell of their property at Greater Faridabad for which they have invested their hard earned money so far and dreamt their own home.

[dheerajjain]

Appreciate your comments, Manoranjan. But, please note that GFWA has filed a petition for quashing ONLY increased portion of EDC charges, not the original EDC charges. Original EDC collection with Govt. is around Rs 816 crores as on Dec 21, 2011 (excluding interest) and about Rs 600 crores of original EDC is already pending with builders making it a total of around Rs 1400 crores. Budget approved by HUDA for all developmental works currently is only Rs 456 crores which is only about one third of original EDC collection. So, there is no question of developmental works getting affected by litigation

[sunilbali]

What is the outcome of the today's hearing in the P&H High Court?

[webmaster]

Hi Sunil,

Updates on the court case regarding EDC are available at the GFWA section only...

WRIT filed in Punjab and Haryana High Court against HUDA & DTCP by GFWA

You are requested to become a GFWA member, details are available on this topic how to become GFWA member

GFWA Bank Account Details for Contribution

[dheerajjain]

GFWA case is listed for 17th May for final arguments. For updates and contribution to legal case, please follow these links:

Detailed updates available only for GFWA members

gfwa-members-zone.html

For becoming a GFWA member and making your small contribution towards Greater Faridabad future and development, please follow link below.

gfwa-bank-account-details-for-contribution-t594.html

[abhinavdeepti]

Can anyone has update on the case filed by GFWA pertaining to EDC/IDC Increase in High court dated May 3rd?

Status Of: CIVIL WRIT PETITION
Case No.: 14886
Year : 2011
Petitioner : GREATER FARIDABAD WELFARE ASSO. (REGD)
Respondent : STATE OF HARYANA & ORS
Pet’s Advocate : ROHIT KHANNA
Res’s Advocate :
Next Dateof Hearing :May 3 2012
Category NO CATEGORY MENTIONED

Regards,
Abhinav Gupta