Ex-Triveni Management SHOCKER Affidavit in High Court against Zion asking for Auction of entire Project Land

[AmitSudan]

Dears,

The license was issued to Triveni Ferrous and Triveni Infrastructure for 48
acre in Sector 89 and 38 acre in sector 78 but now since the matter in
H,able Delhi High Court and the court have already appointed a official
liquidator for the sale of land then this entire land will be sold because
of HDR Act the license cannot be split. So that mean the Triveni will be
the sole owner of the land despite they have created the 3rd Party Right
without prior permission from DTCP and the agreement between the triveni
and these builders will be considered null and void as per supreme court
rulings. In the absence of conveyance deed.

So that mean all the flat owners other than triveni will also become the
part of this land sale as decided by the H,able High Court. I would
recommend all the flat owners should seek the legal opinion on this without
wasting any time to safe guard their money. This matter has become a very
complexed and it has to be dealt legally.

The time has come for everyone to stand up and take the stock of the
situation and act accordingly. Get all the information and go to the bottom
of this otherwise it will be too late.

[dheerajjain]

I have read Triveni affidavit and it seems that Triveni lawyers have twisted Supreme Court Judgment regarding irrevocable Power of Attorney to suit their own interests. Also, DTCP was/is full aware that there are multiple projects in Greater Faridabad where licence holder and developer are different. GFWA in past had submitted general complaints on behalf of buyers in some of these projects to DTCP and DTCP sent notices to management of these developers (this is a valid proof of DTCP awareness). So, there is still hope left for these projects to complete and possession offered to home buyers. I fully agree that matter is complex and there is a risk of great loss. Buyers in these projects should come together, stand up and take legal actions/opinions to protect their interests.
dheeraj.jain@myfaridabad.in

[naveenarichwal]

Power of Attorney Can never transfer the ownership of land. Thats final , and Triveni will use this to the best of its advantage.The courts know well about these facts and all land of TIDCO will be liquidated.

[Flat-Deals.com]

Power of Attorney Can never transfer the ownership of land. Thats final , and Triveni will use this to the best of its advantage.The courts know well about these facts and all land of TIDCO will be liquidated.

From what I understand:

1. The POA given by TIDCO to other builders allowed them to change the character of the land by constructing and selling apartments.

2. Other builders would have lodged this POA with the DTCP -- at least I hope this is done.

This could prove that the government and TIDCO were aware that the raw land would now be developed and assume another identity. These can make for special circumstances and the court, I am hopeful, will dismiss TIDCO's claims.There can be more technicalities that could nullify TIDCO's claims.

This is like looting people and then returning after a few years to murder them. I hope the court chucks TIDCO's directors in the cooler.

[naveenarichwal]

1.Please see The RTI reply regarding the information with DTCP about POA http://www.indianrealestateforum.com/re ... page3.html
2.When DTCP has given various notices to public about the importance of license, and also Haryana development & regulation of Urban Areas Act 1975, is their, than in what Capacity can DTCP allow such POA to work. DTCP is a Public Servant and he is bound by the law of the Land, He cannot go against this Law and give permission to POA activity.

[naveenarichwal]

Era landmark Ltd. has also done a unregistered ,unstamped POA with Countrywide promoters, and it is Building,Marketing & selling Era Divine Court as its own, Era landmark does not have the Ownership of the land as well as License in its name.This is very similar to the Activity that Zion did with Triveni. Buyers have been complaining to the Police,DTCP, and now approached the Court against this. DTCP has in a Written RTI reply clearly told that they do not know of any Agreement between Era & Countrywide.

Also their are so many other such illegal projects going on in front of DTCP, but deliberately they do not take action against the Criminal builders.

[AmitSudan]

Dears,

As far as my knowledge is concern the 3rd Party Rights can be created by prior permission from DTCP because in case of very large projects where one company cannot complete the entire project by own his own in that case the 3rd Party Rights permission can be given (for Example projects done by Army Welfare Societies and others) but by creating the 3rd Party rights that does not mean that the ownership is transferred in that case the ownership of the land will remain in the name of licensee only and they will be responsible for the development of the entire project despite having the agreement or mou between them.

So in case of Triveni though they have created the 3rd Party Rights without permission from DTCP but ultimately they are responsible for the development of the licensed land and for any reason if the project is not completed then they will have to complete the project because they have obtained the license from DTCP.

So if Triveni gets liquidated then you can think of what will happened to the investors of the companies who have just only signed the 3rd Party Rights agreements.


I think this issue should be dealt legally. People should definitely take the legal opinion before decide anything.

As far as the DTCP is concerned i strongly believe what is the role of this department?

a) is this department is only for issuing the license for the development of work?
b) is this department is only for collecting the EDC/IDC from the general public thru colonizer?
c) do they follow any guidelines as mentioned in the HDR Act? If yes, then how come still they have not taken any actions against those builders who have violated the guidelines of HDR Act?
d) general public invest in any projects for two major reasons 1. approved by the government 2. funded by the bank. But in case if the government turned a blind eye then how can they safe guard the interest of poor investors who have invested their life earned savings in their approved projects. Then who will safeguard the interest of general public?

If the above department cannot full fill the above conditions then why should we have a department like this? Government should circulate the notification that if you are buying any property you will need to deposit 5% value of that property in state government as state tax like we deposit our income tax.

Our system is really rotten. I can only say "Jaago Investors Jaago"

[hitoumesh]

ye to jangal raaj hai.....waise I think sale done by Zion or PAL are legal as they had a valid POA to undertake sale agreement.... But unfortunate buyers are now triveni customers...thats the sadest part...i agree court should bring private or government bodies into control....aise builder jo public money lootney mai interest rakhte hai...unko to jutoo se maarna chahiye.

[naveenarichwal]

POA done by Zion was Unregistered and Unstamped- Hence a null and void agreement. I think very rarely the Builders get this document registered because they have to pay 3% tax for doing so, and that amount runs in Crores and to avoid this they do not get the POA registered. In Court of Law it means nothing.

[hitoumesh]

oh God...how can such things take place at this sclae when deal is in crores?...that means only one thing people in government departments not doing their jobs at all... its crimanl to do and allow these things to happen......i would request all buyer to come out of their comfort zones and fight together...if our money can make builder in power....our unity can make a bigger power....this is clear case of fraud and cheating at multiple levels.

[naveenarichwal]

Buyers Prefer to remain silent spectators despite enormous exploitation by the Builders , This is the main reson that the criminals continue to have feast, Only few buyers come forward from many thousand buyers to fight this exploitation, and Builders do Secret compromises with them and the story continues.

[batrav77]

You are right Naveen. Let us unite together and fight for this. I am Zion customer and very much frustrated with all what has happened in last few months. I have paid the entire amount including enhanced EDC and now I am solely on the mercy of Zion management. My Life time saving is on stake. Please suggest me what should be done as next step.

[naveenarichwal]

File Complaint at Commissioner of Police Fbd. ,DGP- Panchkula ,DGTCP Chandigarh, DTP Fbd, against Zion management for Cheating under section 420, 120B,406,467 , and quote the violation of HRD Act Section 7, as the reason for complaint.
Because as per rule No builder can build market sell and style a GH project in Haryana without the Valid License,and since zion is working on POA that means it does not have the ownership of the Land to , all the approvals were in the name of Triveni, hence Zion has no right to build market sell and style a GH project as its own, and since Zion has done so it has cheated Public and Government authorities likewise, also it has conspired with the Licensee to Loot common man. Since Time is very less than i think you should approach the court via a advocate and appeal . A advocate will guide you better.

[naveenarichwal]

next hearing is on 30 Aug 2013

hire your own lawyer and file for impleadment in this case and state that you own a flat and show your papers and ask for a flat; let court and zion decide how to give you a flat

you should file your case individually and then announce on all forums and anyone willing to join can just file their affidavits with your lawyer and share the fees; it looks everybody is looking at each other and no one is taking first step.

file asap and see how many people will join you and be careful and not get builder agents joinng your application

[naveenarichwal]

RPS Auria On Achievers License number 124 dated 14-8-2008,
Puri VIP Floors and Puri Anand Villa are on Countrywide license,
Era Divine Court on Countrywide License.
Zion ,PAL,KST. all on Triveni License.

And i think many more such projects are being built Illegally in Collusion with the DGTCP, Police and Political support.
To Loot common man.