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** Enhanced EDC Stayed by High Court **

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Re: Strategy for fighting against unjustified EDC demand

Postby rajan » Thu Mar 21, 2013 12:05 pm

Dear manojtomer
sorry for not responding earlier as i had lost my username/pw
1.We as parkland owners association greater faridabad fully support your stand to fight first with the DGTCP/HUDA who is the strength of all the builders.IT is the collective loot by the builder with full share of these two agency which had made the life of buyers misreble.
2.We have many documents to proove that the EDC or the EEDC as they now call is the "catch word" used by the DGTCP/HUDA to provide liquidty to the builders.How?
a-the funds collected by huds as edc are sufficient for the development work being undertaken by HUDA.
b-the total collection of EEDC which has been colleced by builders on the cancelation threat is allowed by the HUDA/DGTCP to remain with the builders as not a single paisa out of that has been deposited by the builders to HUDA/DGTCP so far,though the money is being collected from buyers since last two years .
c-In the disguise of EEDC the builders have collected much more money than what was asked by the HUDA.The complaint of the same was lodged with the DGTCP on 11th january 2012 by GFWA but no action has been taken by them so far.
etc etc
3.i will request you to send me your e mail adress and /or mobile to comunicate on the subject and discuss the material we can provide u for strenthining your case.
rajan
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Re: Strategy for fighting against unjustified EDC demand

Postby anuj020676 » Thu Mar 21, 2013 12:29 pm

Great News !!!. Let us see similar breaking news in tomorrow's HC decision
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Re: Strategy for fighting against unjustified EDC demand

Postby BlessU » Thu Mar 21, 2013 3:56 pm

Hi
Greetings

Great stuff!!!.. EDC Enhancement has been stayed!!!! :hap2:

Looking eagerly for future developments and copy of edc enhancement stay order.

Just a quick query.

-Does this stop any interest getting charged by govt from builders?

-If yes, does this stop builders from charging any interest on delayed/unpaid eedc by buyers??

All the best in your efforts.

Cheers
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Re: Strategy for fighting against unjustified EDC demand

Postby RSHYAMGARG » Thu Mar 21, 2013 8:44 pm

Well done GFWA,
Really it is a great news. We will get justice from Hon'ble High Court because HUDA AND TCP will not give any relief to middle class families who are law binding citizen. Those who encroach Govt. land will get house in Ashiana but those who purchase a house in authorised colony will only have to pay illegal demands of builders and EDC/IDC/EEDC/Stamp duty charges etc.etc.
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Re: Strategy for fighting against unjustified EDC demand

Postby asim123 » Thu Mar 21, 2013 9:54 pm

Hi , can you please share the details of the order. BPTP is demanding over Rs 3.5 lacs as interest for late payment of EDC -- even though i paid the enhanced EDC after some delay. They have sent letters threatening cancellation!!

look forward to your advise

regds
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Re: Strategy for fighting against unjustified EDC demand

Postby drajitpratap » Thu Mar 21, 2013 10:33 pm

I am not aware about any recent order regarding EDC. I think HUDA case is very weak in court of law. No govt. can do business of developing township and making money from it. In fact a rich govt (Like Haryana) must give some relief to citizens of this country, as it is a step forward in solving big problem of housing in this country. I am not aware whether we have presented our case in this way, or not. This is biggest factor in increasing cost of housing. I have paid more than 10lacs as EDC/IDC for my 3400 sq.ft flat. This is too much. A can buy a 3400 sq.ft kothi in my home town in this money.
Let us hope for the appropriate decision :hap2: :thumb:
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Re: Strategy for fighting against unjustified EDC demand

Postby MANOJTOMAR » Fri Mar 22, 2013 7:09 pm

I am unable to upload the order copy.

When i try to upload by clicking browse

and select the file it shows uploading

but after some time it goes to page which says you need to login.

Is there any settings to be modified for uploading the file

Thanks
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Re: Strategy for fighting against unjustified EDC demand

Postby MANOJTOMAR » Fri Mar 22, 2013 7:49 pm

I have mailed the copy to Sh Umesh Prabhakar Ji of GWFA.
It is requested that same is uploaded here for others to view.

The impugned memo refereed in the stay order is the one at TCP website where enhanced EDC for all
the major towns has been fixed by HUDA

thanks
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Re: Strategy for fighting against unjustified EDC demand

Postby MANOJTOMAR » Fri Mar 22, 2013 7:51 pm

kindly see the attachment
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Re: Strategy for fighting against unjustified EDC demand

Postby MANOJTOMAR » Fri Mar 22, 2013 7:52 pm

the order of dismissed petition
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Re: Strategy for fighting against unjustified EDC demand

Postby MANOJTOMAR » Fri Mar 22, 2013 7:54 pm

the memo which is stayed
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Re: Strategy for fighting against unjustified EDC demand

Postby anuj_bansal » Sat Mar 23, 2013 1:36 am

Mr Manoj,

Does this order mean that the HC has stayed EEDC for the entire state? Did you file the writ for greater faridabad or entire Haryana?

Anuj
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Re: Strategy for fighting against unjustified EDC demand

Postby dheerajjain » Sun Mar 24, 2013 7:34 am

Thanks a lot, Mr. Manoj Tomar. Yourself and your association have done a marvellous and stupendous effort. Just to inform members, Mr. Tomar filed this petition for kurukshetra but EDC enhancement has been stayed for entire state of Haryana. Petition was listed before same bench as for GFWA.
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Re: Strategy for fighting against unjustified EDC demand

Postby prabhat20042003 » Mon Mar 25, 2013 9:54 am

MANOJTOMAR wrote:kindly see the attachment



Copy of Stay Order is in Word Format. Is it acceptable by concern authorities.

Regards,

Prabhat Sachan
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Re: Strategy to defeat

Postby rajan » Tue Mar 26, 2013 12:36 am

MANOJTOMAR wrote:Dear All,

We have filed the writ petition

in High Court Chandigarh.

Our petition was dismissed at the the first hearing itself.

We again filed the writ petition.

The good news is

that in our second attempt

not only our petition is accepted

but also

the stay has been granted

on the enhanced EDC notification of Haryana government.

This point is also beneficial to you

since

stay is not on a subject of particular colony

but the stay is on the

base itself. i.e. the basis of all the demands of enhanced EDC by TCP

and subsequently by colonizers

is the Huda CCF .............notification.

The same is challenged and court has granted the stay.

The ground of case is that
Who is Huda?
Who has given the rights to HUDA to decide the EDC rates?
How can TCP ask the colonizers to pay EDC since HUDA is revising the rates?
There is no provision in ACT 1975 for HUDA.
Everything is to be done by TCP?

The concept of initial EDC and enhanced EDC is not according to the ACT.

There has to be one EDC( as per act)
It has to be calculated by TCP depending on the "location"of colony.

All this philosophy of lakhs/acre is bakwas .

lets us all give headache to them.



I will get the copy of stay orders soon and will upload the same here for your benefit.
Thanks


Mr Tomer
kindly refer my post on your achievment,a few days back in this forum
can you inform us following points about your fight with the kotwal/builder
1.what is the year of granting licenses to ur colony by DGTCP.
2.the rate of EEDC/EDC as per the circular stayed are for 2010.Was there some seperate order /circular of HUDA/DGTCP in which the rates of 2010 was extrapolated up ward and /or downward taking the rates fixed as on 1/1/2010 as base .
3.what was the rates of EDC/EEDC charged from your colony ,and it correspoded to which year of licenses.
4.what we are looking for is to understand That in GFWA we are basically fighting for the circular dated 25/5/2011 ,wherin the rates has been fixed for 2009 but the same was extrapolated for up to 2005 by reducing the rate of 2009 every year @ of 10% per year. and an additional demand was raised over and above the EDC we paid as was applicable at that time in 2005.
Kindly inform if similer position was in your case as well.And if you have also paid the original EDC and than enhancedEDC.and if so whether the complete papers of original EDC and enhanced EDC was placed before the high court.

as i had posted in my earlier message we are fighting with BPTP under the "parkland owners association Greater faridabad"and in association with GFWA,and has lot of information with us which can be shared.Should you need any information pl feel free to mail me.my mail id "rajan1503@gmail.com"
shall be obliged if the information as requested above can be mailed to me for strenthning our case of GFWA/parklands owners association.againest the DGTCP and BPTP(againest whom we have filed many criminal case) respectively.
regards/rajan





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