High Court Rules in Response to Petition Filed by Ardee City RWA

UPDATE: DTP Scheme for OC in Ardee City

The scheme papers are available at -Â http://www.ardeecityrwa.com/dtp-scheme-for-grant-of-0901.html

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UPDATE: High Court Final Order is attached. Click on image view.

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Dear Residents,

In a historical order by Punjab & Haryana High Court, builder has been ordered to pay and correct all voilations made in construction of flats with in six months.

Thanks,

All related news covered by various news papers are given below:

Times of India - 08-03-2013

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Charge violating builders, DTCP told

GURGAON: Punjab and Haryana high court has ordered the DTCP to register criminal cases against the builders who have committed gross, non-compoundable violation of the structure designing or zoning plan and sold plots to various people without getting the occupation certificate.

The court had passed these directives on February 19 while hearing the petition moved by the Ardee City Residents' and Flat Buyers' Association which had challenged the DTCP notice against the house owners who were living in the houses and floors without securing an occupation certificate in 2010.

On account of structural violations, the DTCP had rejected the applications for issuance of occupation certificate, the petitioners had moved to the court. The court was informed that the builders had constructed the houses in violation of the sanctioned building plan and sold them.

Last year the court had to conduct a survey to ascertain the quantum of violations of the building bylaws and to devise a scheme with which the violations could be regularized/ compounded and action taken against the erring builders, who have committed non-compoundable violations.

The Senior Town Planner (STP), Gurgaon, came out with a detailed measurement of these premises to find out the quantum and nature of violations and as to whether these violations are compoundable or non-compoundable under the existing policy. The survey revealed that out of 372 plots, 204 are fit for grant of occupation certificate because the violations committed on these plots are compoundable. In the remaining 168 plots, violations of building bylaws are non-compoundable and need to be rectified.

To get the possibility of rectification examined, the STP, Gurgaon, has sought a report from Pradeep Kumar Kulshreshtha, Structural Engineer, Engineering Associate-Consulting Engineer based in Delhi, who has stated that, based on preliminary observations, they are of the opinion that some of the violations are rectifiable without any damage to the safety of structure with proper engineering intervention and structural retro-fitting as explained in the letter.

After the hearing the court also directed builders and licensees, to move an application within one month under rules for obtaining occupation certificates from the DTCP, irrespective of whether they have earlier filed applications which may be pending or rejected. The court also ordered the STP, Gurgaon, to consider these applications with a positive attitude to resolve these problems of the thousands of allottees in the light of latest policy decisions taken by the government.

On the question of violations committed by the builders, the court held the DTCP will get them cleared from them after charging the compoundable fee or, if non-compoundable, direct them to remove those violations and in case there is violation in the structure designing, the builders can be imposed penalty after getting the revised plan, in preference to demolition. In case the builders or licensees have committed gross, non-compoundable violation of the structure designing/zoning plan and sold plots then it will be open for the DTCP to blacklist them for the future and to register criminal cases against them.

Source: http://timesofindia.indiatimes.com/city/gurgaon/Charge-violating-builders-DTCP-told/articleshow/18856152.cms

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Residents hail court order

GURGAON: The Punjab and Haryana high court order on the petition by residents of Ardee City has evoked mixed reaction as the builders to remove the structural violations and pay penalty within the next six months.

The residents, especially those whose houses had been in the list in which the structural violations are over 10%. The DTCP had earlier made 10% violations in houses compoundable which means the owner or the builder can pay penalty and get the occupation certificates. The court has clearly stated that in houses where the violations are beyond 10%, the builder will have to pay penalty.

A house owner, Shushil Khanna, said: "The court has rightly made builders accountable for the violations and now he has to pay penalty and applicable compounding charges, not the house owners." Explaining the procedures now after the court order, he said: "The compounding charges up to 10% in each house will be calculated as per the slab of the DTCP and beyond that the penalty has to be paid by the builder."

The upscale township has over 1,500 houses which have minor and major structural violations. The court has also clarified that in the houses where violations are more than 10%, the builder first has to make structural changes, and if it is unfeasible than penalty has to be paid.

The president of Ardee City RWA, T N Kaul, expressed his apprehension over the structural damages in the houses with major violations. "In the event of major violation, a portion is to be removed in a ground floor, then the two upper floors may get structural damage threat too. The rectification order has scared all 1,500 families of course," said Kaul.

For the removal of the structural violations the court has directed the DTCP to remove only those portions that do not cause serious damage to the entire three-storey building structure. The court order has been hailed as historic by several activists in the city. "It will have a great impact on such colonies where structural violations have been done by the developers," said Dharambir Yadav, president of Mayfield Gardens RWA.

Source: http://timesofindia.indiatimes.com/city/gurgaon/Residents-hail-court-order/articleshow/18856136.cms

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Nav Bharat Times - 08-03-2013

Source: http://navbharattimes.indiatimes.com/gurgaon/building-plan-was-violated/articleshow/18854750.cms