Section 8(2) evoked in Gurgaon by DTCP for Mayfield. If we try Triveni could be next and we will get flats

[Vijay Shokeen]

The cancellation of licences of Mayfield Gardens has impacted all ongoing constructions in the colony like Orchid Island Floors, Princeton Floors, symphony Floors, Spring Floors Lotus Floors etc anywhere in Blocks A to N in sectors 47,50,51,52 & 57. The proclamation to that effect has already been made in the colony by the TCP department by placing Public Notice at prominent places in the colony and announcing through the public media. The Public Notice stated that the administration of the colony has been taken over by STP Gurgaon RK Singh for all purposes on behalf of DG TCP. The General Public has been advised through this Notice not to enter into any kind of agreement/transaction with the developers of Mayfield Gardens in respect of new properties and in case of already sold properties, the pending installment payable to licensee companies or their authorised companies shall henceforth be paid to DG TCP. Rule 18(4) of Haryana Development Regulation of Urban Areas Rules 1976 stipulates that on cancellation of licence, no further work shall be undertaken or carried out by colonizers. Further the DG TCP has to issue a Notice to colonizers in Form LC XI as per Rule 19(1) of Rules 1976 that the colonizers are required to furnish within 15 days an audited statement of accounts duly certified and signed by chartered accountant showing the amount actually received from plot/flat buyers and the amount actually spent on development works in the colony. Section 8(2) of Haryana Development Regulation of Urban Areas Act 1975 stipulates that after cancellation of licence, the DG TCP himself shall carry out or cause to be carried out, the development works in the colony and recover such charges required to be incurred on the said development works from the colonizers and the plot/flat holders in the manner prescribed as arrears of land revenue. The provisions of Act/Rules provide that the liability of the colonizers for payment of such charges shall not exceed the amount the colonizers have actually recovered from the plot/flat holders less the amount actually spent on such development works, and that of the plot/flat holders shall not exceed the amount which they would have to pay to the colonizers under the terms of agreement of sale. After the colony has been fully laid out by DGTCP, he shall on behalf of the colonizer transfer the ownership to plot/flat buyers by way of conveyance/sale deed under the Property Transfer Act on receipt of the amount which was due from them. The general public is not aware about the proposed plans of DGTCP for commencement of works in the colony. The uncertainty in the mind of public has developed because the DG TCP have not yet intimated the colonizers and property owners about the modalities/ways for development works proposed to be carried out by him and its estimated cost. The entire issue is being closely monitored. Whosoever wish to seek any clarification may contact me 

[Rishipal Singh]

 Saturday, 28 February 2015 5:12 PM, support <sup...@tfaa.in> wrote:

fyi

Just got the update from Supreme Court website

The date of next hearing (final disposal) is 31-March-2015. Will get confirmation on exact slot for hearing only when the listing for that day comes out

Will keep you posted

On Tuesday, February 24, 2015 at 5:28:11 PM UTC, support wrote:

Hi All,

Update from today's court proceedings has been posted on TFAA website

24-Feb-2015 - Update from Court Hearing

TFAA

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On Dec 1, 2014 10:28 PM, "Vijay Shokeen" <shok...@gmail.com> wrote:

The cancellation of licences of Mayfield Gardens has impacted all ongoing constructions in the colony like Orchid Island Floors, Princeton Floors, symphony Floors, Spring Floors Lotus Floors etc anywhere in Blocks A to N in sectors 47,50,51,52 & 57. The proclamation to that effect has already been made in the colony by the TCP department by placing Public Notice at prominent places in the colony and announcing through the public media. The Public Notice stated that the administration of the colony has been taken over by STP Gurgaon RK Singh for all purposes on behalf of DG TCP. The General Public has been advised through this Notice not to enter into any kind of agreement/transaction with the developers of Mayfield Gardens in respect of new properties and in case of already sold properties, the pending installment payable to licensee companies or their authorised companies shall henceforth be paid to DG TCP. Rule 18(4) of Haryana Development Regulation of Urban Areas Rules 1976 stipulates that on cancellation of licence, no further work shall be undertaken or carried out by colonizers. Further the DG TCP has to issue a Notice to colonizers in Form LC XI as per Rule 19(1) of Rules 1976 that the colonizers are required to furnish within 15 days an audited statement of accounts duly certified and signed by chartered accountant showing the amount actually received from plot/flat buyers and the amount actually spent on development works in the colony. Section 8(2) of Haryana Development Regulation of Urban Areas Act 1975 stipulates that after cancellation of licence, the DG TCP himself shall carry out or cause to be carried out, the development works in the colony and recover such charges required to be incurred on the said development works from the colonizers and the plot/flat holders in the manner prescribed as arrears of land revenue. The provisions of Act/Rules provide that the liability of the colonizers for payment of such charges shall not exceed the amount the colonizers have actually recovered from the plot/flat holders less the amount actually spent on such development works, and that of the plot/flat holders shall not exceed the amount which they would have to pay to the colonizers under the terms of agreement of sale. After the colony has been fully laid out by DGTCP, he shall on behalf of the colonizer transfer the ownership to plot/flat buyers by way of conveyance/sale deed under the Property Transfer Act on receipt of the amount which was due from them. The general public is not aware about the proposed plans of DGTCP for commencement of works in the colony. The uncertainty in the mind of public has developed because the DG TCP have not yet intimated the colonizers and property owners about the modalities/ways for development works proposed to be carried out by him and its estimated cost. The entire issue is being closely monitored. Whosoever wish to seek any clarification may contact me 

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God helps those who help themselves - wake up and stop falling pray to agents of builders - fight for your rights.

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