Letter to dgtcp haryana and stp gurgaon 09.01.2014 with annxs p

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A Campa Cola in the making in Gurgaon

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  • At first place, the punitive and pecuniary action should have been taken by DTP, Gurgaon himself, even if all the licenses etc. are issued by DTCP offcie at Chandigardh.
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Letter to dgtcp haryana and stp gurgaon 09.01.2014 with annxs p

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  2. 2. 2 DTCP Memo No. RL-20/DS(R)/2013/ 60197 dt 11.12.13 in the matter. 2. Kind request is made to adjudicate this matter seeking cancellation of license for serious violations of statute and rules etc by giving personal hearing on any of the following dates, 22, 23, 27, 28, 29, 30 January, 2014. In the interests of equity and justice, till such time the appellant/complainant is heard Senior Town Planner, Gurgaon may kindly be directed to place on hold any action on DTCP Memo No. RL-20/DS(R)/2013/ 60197 dt 11.12.13 directing Senior Town Planner, Gurgaon to “report regarding violation done by applicant vis-à-vis approved building plans.” 3. The documents attached in support are listed below with point or points sought to be established therefrom being mentioned in remarks column which briefly explains most of the intricate key issues involved: Ser Document 1 Statement of objects and reasons of Haryana Act 10 of 1983 2 Haryana Gaz. Extra No 3/3/82 dt 18.09.86 P. 1079-80 3 Haryana Govt. Notification No. 17714 dt 10.11.97 4 DTCP Memo No. STP(Enf.)-98/1367 dt 15.12.98 Remarks Solving housing problem and control of building activities and ownership rights in Group Housing. Governor of Haryana appoints that Act 10 of 1983 shall come into force on the date. Governor of Haryana appoints that Act 10 of 1983 shall come into force on the date. Implementation of various provisions of Haryana Act 120 of 1983 Page 14 1516 17 1822
  3. 3. 3 5 6 7 DTCP Memo No. 5DP(III)1478-82 dt 03.02.99 with letter dt 15.12.98 Draft Haryana Govt. Notification No. DTCP-99/ dt (In partial modification of No. 17714 dt 10.11.97 Statement of objects and reasons of Haryana Act 10 of 2002 for amending Haryana Act 10 of 1983 8 Order dt 11.08.08 of CTP-cum-FAA Haryana under RTI A 9 Order dt 17.06.09 of Sh SS Dhillon, DTCP Haryana Memo No. DS-2009/5216 dt 17.06.09 at Page 15 10 Order dt 03.01.12 of Sh KK Jalan AA of DTCP Haryana at Page 18 11 Affidavit of STP Gurgaon dt 07.12.13 filed on behalf of DTCP Haryana at Page 2 Implementation of 23 Haryana Act 10 of 1983 Governor of Haryana was to notify applicability of Act 10 of 1983 under various Haryana Acts. (not published) In order to add new users in addition to existing “residential properties, which are submitted to the provisions of this Act”, to appoint two additional competent authorities and to make the Act mandatory. Matter of direct registration of AOA under Act 10 of 1983 .. to be examined Since payment of cost of development of community facilities by the apartment owners could not be substantiated by any documents their ownership cannot be considered in favour of AOA. “..cost of development of community facilities, …schools, dispensary.., commercial centre etc by the apartment owners is substantiated - upon a reading of the declaration it is clear..the apartment owners have been charged for such facilities Preliminary Submissions Para 2 admits that approved building plan (ANNEXURE D-1) clearly specifies 496 dwelling units and 88 EWS flats (For 56 service personnel as per sanctioned plan) 24 25 2628 2944 4562 6373
  4. 4. 4 12 DTCP Haryana Minute Sheets from 10.05.12 to 02.07.12 in SLP DLF Ltd Vs. Manmohan Lowe at Noting Sheets 4 & 5 13 HUDA Memo No. CTP(H)/DTP(N) 17370-414 dt 28.09.06 14 Haryana Govt. DTCP Notification No. Leg. 25/2010 dt 30.09.10 15 Haryana Govt. DTCP Notification No. PF51 dt 29.03.11 to amend Haryana Development and Regulation of Urban Areas Rules, 1976 16 Unitech letter dt 07.04.11 for renewal of Lic. 60 of 1996 DTCP Memo No. RL20/LC-238-JE(B)/ 2011/10032 dt 22.7.11 17 Opinion given by DGTCP Haryana dt 17.05.12 that Community Centres, Schools, Dispensaries etc. should vest in the Apartment Association. CM Haryana approved the same on 27.06.12. “All the violations not covered by the composition rates listed above are noncompoundable except minor variations in Public Health Services such as construction of underground water tank etc which are to be ignored.” New sub-section (7) added to Section 3 of Haryana Development and Regulation of Urban Areas Act, 1975 vide Act 16 of 2010 for grant of “completion or partcompletion certificate on such terms and conditions and after recovery of infrastructure augmentation charges, as may be prescribed:” New Rule 16-A (2) “The Director… shall decide to conduct an independent audit of books of account…….After…the Director shall decide as to the grant of such exemption…or refuse to issue such exemption, by means of a speaking order..” Reason given is “required only for miscellaneous jobs” Not submitted documents in compliance of Rules 26, 27 & 28 7476 7779 8081 82 8384 85
  5. 5. 5 18 Haryana Govt. Memo No. PF-68/2012/5/38/ 2012-2TCP dt 14.06.12 19 DTCP Memo No. RL20/DS(R)/2012/12351 dt 12.07.12 Unitech letter dt 27.11.12 for completion certificate 20 21 DTCP Haryana Minute Sheets from 26.04.11 to 06.12.13 in Lic. 60 of 1996 Sector 47 Gurgaon LC-238 22 DTCP Memo No. RL20/DS(R)/2013/37305 dt 22.04.13 DTCP Memo No. DS(R)-LC238/2013/38921 dt 07.05.13 23 24 25 26 Unitech letter dt 07.06.13 DTCP Memo No. RL20/DS(R)/2013/42460 dt 11.06.13 Unitech letter dt 20.06.13 Governor of Haryana pleased to prescribe composition rates for compounding violations of delay in submission of accounts Not submitted documents in compliance of Rules 26, 27 & 28 for last one year Applied LC VII without reference to non renewal of license due violation of license conditions qua Rules 26, 27 & 28 Gross delay in license renewal. Appears to be erroneous grant of license renewal from 01.05.11 to 30.04.15 after request for final completion since no provision exists for exemption from submission of accounts in re Rules 26(2), 27 & 28. See also Items 4, 5 & 6 of Haryana Govt. Memo No. PF-68/2012/5/38/ 20122TCP dt 14.06.02 Not submitted documents in compliance of Rules 26, 27 & 28 for last two years Proposed rejection of LC VIII due non compliance of Rules 26, 27 & 28 etc. Hearing at 11 AM on 24.06.13 for LC VIII EWS advertisements of 7 Unitech projects - details Hearing scheduled for 20.06.13 postponed to 11 AM 05.08.13 for LC VI Wrong and incorrect Deed of Declaration sought to be filed. Waiver of Rules 24, 26, 27 & 28 wrongfully sought whereas only delay in submission of accounts is compoundable qua 8687 88 8990 91114 115 116 117 118 119126
  6. 6. 6 27 Unitech 22.06.13 letter dt 28 Unitech letter dt 30.07.13/01.08.13 29 DTCP Memo No. RL20/DS(R)/2013/50119 dt 30.08.13 with DTCP Order dt 30.08.13 30 DTCP Memo No. RL20/DS(R)/2013/60197 dt 11.12.13 to STP Gurgaon period of delay. Water has not been provided as yet. Sewer connection is non functional as yet. Electricity connection is not Bulk Domestic as yet and industrial rates of over Rs 9 per unit are being charged by DHBVN. Hence completion can not be given to Unitech Regarding renewal of license and final completion LC VI renewal to 30.04.15 saying development works have been completed and renewal is only for (unstated) miscellaneous works License renewed upto 30.04.15 in clear violation of mandate of Rules 26, 27 & 28 – delay in submission of accounts is compounded but non-submission of accounts is not at all compoundable STP directed to “report regarding violation done by applicant vis-à-vis approved building plans” 127 128129A 130131 132 4. Certain additional points are now given regarding the violations of builder/developer/colonizer/licensee: (a) The Uniworld Garden DTCP Haryana Lic. 60 of 1996 (i) Per sanctioned plan Towers 1 to 8 T-1. 66 T-2. 58 T-3. 70 T-4. 62
  7. 7. 7 T-5. 54 T-6. 70 T-7. 62 T-8. 54 (Total 496) (ii) As built Towers 1 to 8 T-1. 72 T-2. 62 T-3. 70 T-4. 62 T-5. 54 T-6. 70 T-7. 62 T-8. 54 (Total 506- not as per sanctioned plan- Well settled that extra floors beyond sanction are non-compoundable. (b) Area of Dwelling Units (i) Per Sanctioned Plan (sq m.) Gross 92548.172 Shops 50 EWS (non-saleable) 2188.588 24.87x88 (reduced 1653.62 sq m 18.58x89)* (non-saleable) Community Centre 1004.144 (non-saleable) 496 Apartments 89305.44 (saleable) i.e. 961275.72 sq ft * As per Indian Express, Delhi, Page 3 advertisement dated 06.06.13 (From sanctioned D.U. Area of 24.87 sq m the built
  8. 8. 8 area is “super area” of 18.58 sq m. Super area is disallowed vide IS 3861 of 2002 (ii) EDC on 13.081 acres at Rs 36.6025 lacs per gross acre or Rs 4,78,80,000 1079671 sq ft sold to first 496 buyers and EDC recovered: 1079456 sq ft x Rs 44.36 per sq ft = Rs 4,78,84,668 (Per plan sold for 496 Nos could only be 100284.75 sq m) (iii) Actually Built 506 flats Extra area: 2 floors x 671.597 sq m. or 1343.194 sq m. 2 D.U.s 284.380 sq m.- Total excess: 1627.574 sq m. 506 Apartments 90933.014 sq. m or 978794.78 sq ft (c) Financial details: (i) Average Rate: Rs 1826 per sq ft (including Rs 44.36 per sq ft as EDC.) Total Rs 197 crores were admittedly recovered by Unitech from first 496 purchasers. In addition Unitech admittedly received Rs 7 crores from10 dis-entitled purchasers without informing them of the fact that only 496 apartments are sanctioned till date on the file of DTCP. (ii) Unitech mis-sold 109962 sq ft against 961275.72 sq ft sanctioned. Built 2 extra floors being non-compoundable. EDC 1099962 sq ft x Rs 44.36 = Rs 48,79,4314 (Unitech mis-sold 102189.82 sq m against 89305.44 sq m) 5. As per Indian Express, Delhi, Page 3 advertisement dated 06.06.13 (received from Unitech vide Diary No. 51128 dated 20.06.13) (From sanctioned D.U. Area of 24.87 sq m the built
  9. 9. 9 area is “super area” of 18.58 sq m. The D.U. Area calculated as per Statute is actually 14.86 sq m. which violates the minimum norm under Rules/Statute. Super area is anyhow disallowed vide IS 3861 of 2002 under National Building Code of India 2005 read with Disaster Management Act, 2005 ( brought into force on 07.05.07) as per mandate of Clause 6.2.1 & 6.4.1 of National Disaster Management Policy, 2009. Extract of National Disaster Management Policy, 2009 is as below: “6.2.1 In view of the construction boom and rapid urbanisation, municipal regulations such as development control regulations, building bye-laws and structural safety features need to be revisited. These regulations will be reviewed periodically to identify safety gaps from seismic, flood, landslide and other disasters and suitable modifications will be made to align them to the revised building codes of the Bureau of Indian Standards (BIS). Undesirable practices compromising safety during disasters, that tend to crop up from time to time, will need to be addressed in the regulations. The utilisation of unsuitable areas for construction, without necessary safeguards further enhances vulnerability and needs to be guarded against through appropriate compliance mechanisms. Similarly, the introduction of suitable regulations for rural areas will also be emphasised. Where required, local bodies will be provided with suitable financial incentives for
  10. 10. 10 the preparation of appropriate regulations. This process will involve an all inclusive exercise involving due sensitisation of governmental organisations at all levels, local authorities and the community at large to accrue maximum results thereof. xxxxx 6.4.1 Hazards like earthquakes and cyclones do not kill people but inadequately designed and badly constructed buildings do. Ensuring safe construction of new buildings and retrofitting of selected lifeline buildings, as given in the Earthquake Guidelines, is a critical step to be taken towards earthquake mitigation. The design and specification of houses being constructed, under the Indira Awas Yojana (IAY) and other government welfare and development schemes, will also be reexamined to ensure hazard safety. Building codes will be updated every five years as a mandatory requirement and also put in the public domain. Observance of the National Building Code should be made mandatory in all the State/ Municipal building bye-laws.” 6. That the names of 10 persons excluding first 496 purchasers who were allotted Unitech Customer ID Nos lying between ID Nos 603006 to 603508 and ID Nos 6030071 to 6034951 have now been ascertained. These persons are disentitled for allotment as they fall within the mischief of well settled law established in Jayantilal Investments vs Madhuvihar CoOperative Housing (2007) 9 SCC 220 & Madhuvihar Co-
  11. 11. 11 operative Housing Society, Mumbai v. Jayantilal Investments 2011 (1) Mh.L.J. 641) read with Harsukh Jadhavji Joshi vs Ramesh Himatlal Shah AIR 1974 Bom 87, (1973) 75 BOMLR 649, Ramesh Himmatlal Shah vs Harsukh Jhadavji Joshi (1974) 76 BOMLR 375 & Ramesh Himmatlal Shah vs Harsukh Jadhavji Joshi AIR 1975 SC 1470, 1975 SCR 270): Cust ID Name SUNDEEP KHANNA earlier HEMANT 6035001 KUMAR earlier SAROJ SACHDEVA Twr Flat Area Mobile 1 003 1800 98100072850 N.A. UMESH CHANDRA SAHOO 1 1903 2027 9733101052 N.A. NAWABUDDIN earlier HINDUSTAN THOMPSON ASSOC 1 1904 2027 9810831544 N.A. RAMESH MALIK 2 1603 2027 9311530563 N.A. SURYADEEP KR VARMA earlier PREET KAUR 3 004 1800 9871371275 N.A. GR GUPTA 4 003 1800 9254344767 6034961 SAKSHI GURNANI 6 1601 3410 Related to Unitech promoter Praveen Gurnani N.A. SANJEEV BHASIN 7 003 1800 9999052888 N.A. SANJAY MITTAL 7 004 1800 9810159141 N.A. PUNEET CHOPRA 8 003 1800 9871339989 7. That whereas excess FAR is compoundable to an extent as per Rule, there can be no builtup area by way of extra floor beyond the sanctioned plan is very well settled in Priyanka Estates International v State of Assam 2010 (2) SCC 27 AIR 2010 SC 1030: "69. However, the said contention cannot be accepted as construction of an extra floor does not fall within the
  12. 12. 12 category of compoundable items which is manifest from Appendix III of the building bye-laws of the Corporation reproduced hereinabove. xxxx 79. The instant case is not a case of breach of contract. It is a clear case of breach of the obligation undertaken to erect the building in accordance with building regulations and failure to truthfully inform the warranty of title and other allied circumstances. xxx 82. In the light of the foregoing discussions, these appeals are dismissed with the directions contained hereinabove. Respondent-authorities shall be at liberty to proceed with demolition of half of the 5th floor, if not ultimately compounded; 6th, 7th and 8th floors as mentioned hereinabove." 8. That the competent authority may see also Esha Ekta v Municipal Corporation of Mumbai (2012) 4 SCC 689 & Esha Ekta v Municipal Corporation of Mumbai (2013) 5 SCC 357 for re-iteration of this facet of demolition of even one floor beyond original sanctioned plan. Since sanctioned plan of The Uniworld Garden shows 496 flats and 10 extra flats are built by raising one and half extra floors in Tower 1 (6 flats) and one extra floor in Tower 2 (4 flats) - whereas the latest sanctioned plan submitted in court by DGTCP Haryana/ STP
  13. 13. 13 Gurgaon (vide Affidavit dated 27.09.13 & Affidavit dated 07.12.13) show only 496 flats. Actually 506 flats have been constructed on ground by raising two and half extra floors beyond sanctioned plan - even one extra floor was repeatedly held to be non compoundable by SC. The DGTCP Haryana Affidavits are silent on this point of 506 flats actually constructed on extra floors added without any sanctioned plan. 89 EWS service personnel flats were thereby built as against 88 EWS service personnel flats existing in the sanctioned plan. 9. That there are also grave violations of Disaster Management Act, 2005 for which stringent provisions to deal with negligent officers and ministers are provided in the law since 2007. 10. Kindly grant me early hearing on any of the dates 22, 23, 27, 28, 29, 30 January, 2014. In the interests of equity and justice, till such time the appellant/complainant is heard Senior Town Planner, Gurgaon may kindly be directed to place on hold any action on DTCP Memo No. RL20/DS(R)/2013/ 60197 dt 11.12.13 directing Senior Town Planner, Gurgaon to “report regarding violation done by applicant vis-à-vis approved building plans.” Place: Gurgaon Date: 09.01.2014 Lt Col(Retd) Sarvadaman Singh Oberoi Mobile:98187698349 Copy to: Senior Town Planner, Gurgaon Sector 14, Gurgaon 122001 – w.r.t. para 1, 2 & 10
  14. 14. 14 Published in Haryana Govt. Gaz. Dated 19th April, 2002
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  25. 25. 25 Published in Haryana Govt. Gaz. Dated 19th April, 2002
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  77. 77. 77 From The Chief Administrator HUDA (Town Planning Wing), Panchkula. To 1.The Director, Town & Country Planning, Haryana, Chandigarh. 2.The Administrators, HUDA, Panchkula, Gurgaon, Hisar, Faridabad, Rohtak. 3.The Senior Town Planners, Gurgaon, Panchkula, Hisar. 4.All the Estate Officers, HUDA. 5.All the District Town Planners. Memo no. CTP (H) / DTP (N) – 17370-414 Dated: 28-09-2006 Subject: Composition Rates for compoundable violations in Plotted residential development applicable to Town & Country Planning Department and HUDA. The following composition rates for compoundable violations in plotted residential development applicable to Town & Country Planning Department and HUDA have been approved by the Govt. These rates shall come into force with immediate effect. Ser Description of violation Composition rates 1. BUILDING WITHOUT PLAN: Construction raised without getting plan sanctioned and the construction so made conform to the building bye laws / zoning a. zoning. b. 2. Construction without building plans revalidated. Compounding @ Rs. 400/- per sq. mts. Compoundable @ Rs. 100/- per sq. mts. on constructed area. COVERED AREA: a. Compoundable up to maximum limit of 10% of the set back to be compounded @ Rs. 10800/- per sq. mts. Covered area beyond zoning line but within permissible limits. b. Excess covered area beyond permissible limit within zoned area. Compoundable up to 10% of the total permissible FAR. Up to 5% @ Rs. 3300/per sq. mts. and beyond 5% @ 6500/- per sq. mts . c. Excess covered area beyond zoning line. 3. a. HEIGHT OF THE BUILDING: Increase in height up to (including parapet and mumty) beyond permissible limit where no frame control is applicable. (i) Up to 50 cm (ii) Above 50cm to 1.00 meter. Compoundable up to maximum limit of 10% of the set back to be compounded @ Rs. 10800/- per sq. mts. (This will be over and above the composition fee of excess covered area). Compoundable Nil Rs.2000/- per sq. mts. Of covered area subject to the maximum of 12 sq. mts.
  78. 78. 78 4. a. b. 5. a. 6. a. 7. a. b. 8. a. b. c. only. d. rules. e. LIGHT AND VENTILATION: Non provision of exhaust fan / flue in the Kitchen. General light and ventilation including toilets. Compoundable @ Rs. 200/- each. Variation up to 10% is compoundable @ Rs.1100/- per sq. mts. HEIGHT AND SIZE OF HABITABLE AND OTHER ROOMS. Variation in Height and size of habitable rooms, kitchen and toilets. Reduction in height up to 10cm and reduction in area up to 5% of the minimum required is compoundable @ Rs. 500/- each. HEIGHT OF BOUNDARY WALL AND TYPE OF GATE. Change of design, height, size and location of the gate / wicket gate and boundary wall. Compoundable @ Rs. 1000/- each per Violation up to the maximum of 10% in size and height of gate / wicket gate and boundary wall. DAMP PROOF COURSE (DPC) Construction without obtaining DPC certificate bur according to approved building plan. Compoundable @ Rs.5/- per sq. mts of the permissible ground coverage. Changing DPC after obtaining DPC certificate but confirming to building bye-laws / zoning. Compoundable @ Rs.10/- per sq. mts. of the permissible ground coverage. STAIR CASE: Steps outside the zoned area on ground Steps shall not be counted towards floor. covered area and compoundable @ Rs.1000/- per step subject to the maximum of five steps and maximum width of 1.20 mts. Having maximum tread of 30cm each. Tread and riser not as per rules. Variation up to 10% compoundable @ Rs. 100/- per step. Provision of winder steps at landings Compoundable @ Rs. 200/- each. Width of stair case reduced from minimum width prescribed under the case. Reduction only up to 10cm is compoundable @ Rs. 500/- per stair Head room height reduction from the minimum prescribed under the rules. Up to 10cm is compoundable @ Rs. 500/- each Head room.
  79. 79. 79 9. CANTILEVER PROJECTION: a. Sanctionable projection but not shown in the sanctioned building plan. b. Non-Sanctionable cantilever projection but within zoning line. Non-Sanctionable cantilever projection outside zoning line. c. d. Cantilever Cup Board / bay window e. Projection on Govt. Land 10. a. Compoundable @ Rs. 500/- per sq. mts. Violation up to maximum limit of 10% of the set back line is compoundable @ Rs.11000/- per sq mt . To be counted in covered area violation. Compoundable to the limit of 30 cm in width @ Rs. 1000/- per sq. mts. at door/window level only. VENTILATION SHAFT: Area of shaft is less than the permissible. b. Compoundable @ Rs. 100/- per sq. mts. Shaft covered at 2.40 meters height. Variation up to 10% is compounded @ Rs. 9000/- per sq. mts. Compoundable @ Rs. 1000/- each light and ventilation parameters met with. ? 11. a. MISCELLANEOUS: Un-authorized occupation Compoundable @ Rs. 50/- per sq. mts. Of b. c. d. e. Pipe shaft beyond zoning line. Non load bearing architectural pillars. To be counted in covered area violation. Compoundable @ Rs. 1000/- each provided is less than 30cm in dia not touching roof or projection and maximum up to 4 pillars. Major changes like shifting of internal wall, door, window, ventilator, left over door and other changes in elevations. Compoundable @ Rs. 100/- each. Store converted into Kitchen, provided it meets with the provisions of rules. Compoundable @ Rs. 1500/- NOTE: All the violations no covered by the composition rates listed above are non- compoundable except minor variation in Public Health Services such as construction of under ground water tank etc. which are to be ignored. -sdDistrict Town Planner, For Chief Administrator, HUDA, Panchkula.
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