Today I received the below reply from BPTP Gurgaon ( for BPTP Granduera ) on pursuing the matter of enhanced EDC which is quite contrary to what I received on the Forum . Or is that I am wrong on reading through the Stay order.
This is with reference to your trailing email.
We write with reference to the stay order passed by the Punjab & Haryana High Court on 19.03.2013 in the CWP No. 5835 of 2013 titled as Balwan Singh & Ors. Vs State of Haryana & Ors. whereby the Hon'ble High Court has stayed the operation of Memo dated 14.07.2011, issued by HUDA regarding EDC rates for various urban estates.
At the outset we would like to apprise you with the fact that the said Writ Petition has been filed by customers having their properties in Kurukshetra District of Haryana and not to Faridabad region. We not being a party to the Petition filed before the Hon'ble Punjab & Haryana High Court are not aware of the circumstances in which the order dated 19.03.2013 was passed.
Since the coverage of the Order dated 19.03.2013 is not clear and the Memo dated 14.07.2011 contained inter alia the rates for Faridabad area also, as a matter of abundant caution we have vide our letter dated 02.04.2013 sought clarification from the Director General, Town & Country Planning (DGTCP) regarding the applicability of the stay order on Licenses granted in Faridabad. However, please be informed that the said Order dated 19.03.2013 is only an interim measure and the Hon'ble Court has not declared the Memo dated 14.07.2011 as inoperative or null and void.
You will appreciate that as per the terms of the License and the Bilateral Agreement, we are bound to pay External Development Charges and any enhancement thereof (EDC/EEDC) to HUDA through Director General, Town & Country Planning. The delay in making the payment of EEDC to HUDA attracts interest @ 12% + 3% (penal interest). The Enhanced External Development Charges forms the part of total sale consideration and as per the terms of the Application/Agreement you are liable to make the payment of same to the company. It is pertinent to mention that making the payment of the EEDC in accordance with the demand raised by the company shall not be prejudicial to the interest of the customers as in case the memo dated 14.07.2011 is held to be invalid the company shall refund the Enhanced amount of EDC.
However, we would like to inform you that unless and until the full consideration is received by the company the sale deeds cannot be executed.
In view of the above Order dated 19.03.2013, as a matter of abundant caution and as a goodwill gesture we give the following options to our Customers:
1. who have paid and are willing to pay the EEDC amount on the basis of the demand raised:
If the Memo dated 14.07.2011 is ultimately held to be invalid by the Hon'ble High Court or its Appellate Court then we shall refund the amount of EEDC or such part of it which is held to be invalid and shall be in a position to execute sale deed.
2. who do not wish to make the payment of EEDC as demanded by the company:
In the circumstances the stay is set aside and the operation of Memo dated 14.07.2011 is upheld by the Hon'ble Court or in the alternative DGTCP confirms that the Memo dated 14.07.2011 is not applicable on us, the Company would be liable to make the payment of the EEDC to HUDA. If the EEDC amount is not paid to HUDA in time, the company shall be liable to make the payment of the same alongwith interest @ 15% (12% + 3% (penal interest).
In case you choose for not making the payment of the EEDC amount demanded by the company we would like to state that you shall be liable to make the payment of delayed interest @ 15% (12% + 3% (penal interest) on delayed payment of EEDC, to the company as charged by HUDA. Also we would not be in a position to execute your sale deed till such time the issue is finally determined by the court as EEDC is part of sale consideration.
Further please note that non-payment of EEDC at this stage will derail the whole development of the area since it is a condition precedent to the grant of Zoning Plans which are essential for release of building plans. We have in anticipation of your depositing the EEDC given Corporate Guarantee to the DGTCP that we shall pay the EEDC as per payment schedule given by the authorities so that the Zoning Plans be released. In case majority of the customers choose not to pay EEDC we shall not be in a position to honor our commitment with DGTCP.
With regards to the registry of your unit, we would like to inform you that an outstanding of Rs. 209,815.00 is reflecting in your BPTP account . Please be informed that post remittance of complete dues we would be able to initiate the process of possession and sale deed execution for the said unit.
Should you require any assistance please feel free to call at +91-124-385 (2787) or write in to us at firstname.lastname@example.org
Please mention your customer code and project name in the subject line.
Thanks & Regards,
Office Phone : +91-124-385-BPTP (2787)