HUDA told to rework enhancement fee

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GURGAON: The Haryana Urban Development Authority (HUDA) has been ordered to rework the enhancement calculation and interest on the money paid for a plot in Gurgaon recently.

The direction came after the plot owner moved the high court challenging HUDAís calculation of total dues. During the hearing, the court was informed that HUDA had ignored the fact that the possession of the plot could not be delivered to the petitioner for more than 20 years.

In 1985, HUDA had allotted plot No. 1,512 in Sector 23-23/A, but it could not deliver its possession in spite of the fact that the petitioner had made the payment of sale consideration within the prescribed time.

After a gap of five years, HUDA made the allotment of an alternative plot (No 4,240) in the same sector but the possession of the same too could not be delivered to him. In 1995, the petitioner was allotted another plot, No. 4,722 in lieu of plot No. 4,240, in the same sector, but the possession of the same also could not be delivered.

Meanwhile, HUDA in 1990 had demanded Rs 50,811.10 as enhancement amount on account of enhancement of acquisition cost from the petitioner for the plot allotted to him. The petitioner was finally allotted the plot in 2000 and was offered the physical possession. In 2001, the plot owners met HUDA officials to demand interest on his deposit and asked for the information on the balance payment due against him.

HUDA in 2002 informed the plot owners that he was to pay Rs 2,11,151 as enhanced compensation and Rs 3,410 as balance installment and Rs 4,400 as extension fee. Upset with the enhancement notice, the plot owner decided to challenge the HUDA in court.

In the hearing, the petitionerís counsel submitted that HUDA had arbitrarily calculated the dues against plot No. 4,240, which was never delivered. He also submitted that HUDA did not mention about the compound interest on the payment made by the plot owner.

After hearing the arguments from both sides, the court ordered that HUDA, Gurgaon should decide the enhancement and calculation of interest on the amount deposited by the petitioner on account of non- delivery of possession of the plot.


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