A Campa Cola in the making in Gurgaon

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DTCP Memo No. RL-20/DS(R)/2013/ 60197 dt 11.12.13 in
the matter.
2. Kind request is made to adjudicate this matter seeking
cancellation of license for serious violations of statute and
rules etc by giving personal hearing on any of the following
dates, 22, 23, 27, 28, 29, 30 January, 2014. In the interests of
equity and justice, till such time the appellant/complainant is
heard Senior Town Planner, Gurgaon may kindly be
directed to place on hold any action on DTCP Memo No.
RL-20/DS(R)/2013/ 60197 dt 11.12.13 directing Senior Town
Planner, Gurgaon to “report regarding violation done by
applicant vis-à-vis approved building plans.”
3. The documents attached in support are listed below with
point or points sought to be established therefrom being
mentioned in remarks column which briefly explains most of
the intricate key issues involved:
Ser Document
1
Statement of objects
and
reasons
of
Haryana Act 10 of
1983
2
Haryana Gaz. Extra
No 3/3/82 dt 18.09.86
P. 1079-80
3
Haryana
Govt.
Notification
No.
17714 dt 10.11.97
4
DTCP Memo No.
STP(Enf.)-98/1367 dt
15.12.98
Remarks
Solving housing problem
and control of building
activities and ownership
rights in Group Housing.
Governor of Haryana
appoints that Act 10 of
1983 shall come into force
on the date.
Governor of Haryana
appoints that Act 10 of
1983 shall come into force
on the date.
Implementation of various
provisions of Haryana Act
120 of 1983
Page
14
1516
17
1822

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5
6
7
DTCP Memo No.
5DP(III)1478-82 dt
03.02.99 with letter dt
15.12.98
Draft Haryana Govt.
Notification
No.
DTCP-99/ dt (In
partial modification of
No. 17714 dt 10.11.97
Statement of objects
and
reasons
of
Haryana Act 10 of
2002 for amending
Haryana Act 10 of
1983
8
Order dt 11.08.08 of
CTP-cum-FAA
Haryana under RTI A
9
Order dt 17.06.09 of
Sh SS Dhillon, DTCP
Haryana Memo No.
DS-2009/5216
dt
17.06.09 at Page 15
10
Order dt 03.01.12 of
Sh KK Jalan AA of
DTCP Haryana at
Page 18
11
Affidavit of STP
Gurgaon dt 07.12.13
filed on behalf of
DTCP Haryana at
Page 2
Implementation
of 23
Haryana Act 10 of 1983
Governor of Haryana was
to notify applicability of
Act 10 of 1983 under
various Haryana Acts. (not
published)
In order to add new users
in addition to existing
“residential
properties,
which are submitted to the
provisions of this Act”, to
appoint two additional
competent authorities and
to
make
the
Act
mandatory.
Matter
of
direct
registration of AOA under
Act 10 of 1983 .. to be
examined
Since payment of cost of
development
of
community facilities by the
apartment owners could
not be substantiated by any
documents their ownership
cannot be considered in
favour of AOA.
“..cost of development of
community
facilities,
…schools,
dispensary..,
commercial centre etc by
the apartment owners is
substantiated - upon a
reading of the declaration
it is clear..the apartment
owners have been charged
for such facilities
Preliminary Submissions
Para
2
admits
that
approved building plan
(ANNEXURE D-1) clearly
specifies 496 dwelling
units and 88 EWS flats
(For 56 service personnel
as per sanctioned plan)
24
25
2628
2944
4562
6373

4. 4
12
DTCP
Haryana
Minute Sheets from
10.05.12 to 02.07.12
in SLP DLF Ltd Vs.
Manmohan Lowe at
Noting Sheets 4 & 5
13
HUDA Memo No.
CTP(H)/DTP(N)
17370-414
dt
28.09.06
14
Haryana Govt. DTCP
Notification No. Leg.
25/2010 dt 30.09.10
15
Haryana Govt. DTCP
Notification No. PF51 dt 29.03.11 to
amend
Haryana
Development
and
Regulation of Urban
Areas Rules, 1976
16
Unitech
letter
dt
07.04.11 for renewal
of Lic. 60 of 1996
DTCP Memo No. RL20/LC-238-JE(B)/
2011/10032 dt 22.7.11
17
Opinion given by DGTCP
Haryana dt 17.05.12 that
Community
Centres,
Schools, Dispensaries etc.
should
vest
in
the
Apartment
Association.
CM Haryana approved the
same on 27.06.12.
“All the violations not
covered
by
the
composition rates listed
above
are
noncompoundable
except
minor variations in Public
Health Services such as
construction
of
underground water tank etc
which are to be ignored.”
New sub-section (7) added
to Section 3 of Haryana
Development
and
Regulation of Urban Areas
Act, 1975 vide Act 16 of
2010
for
grant
of
“completion
or
partcompletion certificate on
such terms and conditions
and after recovery of
infrastructure
augmentation charges, as
may be prescribed:”
New Rule 16-A (2) “The
Director… shall decide to
conduct an independent
audit
of
books
of
account…….After…the
Director shall decide as to
the
grant
of
such
exemption…or refuse to
issue such exemption, by
means of a speaking
order..”
Reason given is “required
only for miscellaneous
jobs”
Not submitted documents
in compliance of Rules 26,
27 & 28
7476
7779
8081
82
8384
85

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18
Haryana Govt. Memo
No. PF-68/2012/5/38/
2012-2TCP
dt
14.06.12
19
DTCP Memo No. RL20/DS(R)/2012/12351
dt 12.07.12
Unitech
letter
dt
27.11.12
for
completion certificate
20
21
DTCP
Haryana
Minute Sheets from
26.04.11 to 06.12.13
in Lic. 60 of 1996
Sector 47 Gurgaon
LC-238
22
DTCP Memo No. RL20/DS(R)/2013/37305
dt 22.04.13
DTCP Memo No.
DS(R)-LC238/2013/38921
dt
07.05.13
23
24
25
26
Unitech
letter
dt
07.06.13
DTCP Memo No. RL20/DS(R)/2013/42460
dt 11.06.13
Unitech
letter
dt
20.06.13
Governor of Haryana
pleased
to
prescribe
composition
rates
for
compounding violations of
delay in submission of
accounts
Not submitted documents
in compliance of Rules 26,
27 & 28 for last one year
Applied LC VII without
reference to non renewal of
license due violation of
license conditions qua
Rules 26, 27 & 28
Gross delay in license
renewal. Appears to be
erroneous grant of license
renewal from 01.05.11 to
30.04.15 after request for
final completion since no
provision
exists
for
exemption
from
submission of accounts in
re Rules 26(2), 27 & 28.
See also Items 4, 5 & 6 of
Haryana Govt. Memo No.
PF-68/2012/5/38/
20122TCP dt 14.06.02
Not submitted documents
in compliance of Rules 26,
27 & 28 for last two years
Proposed rejection of LC
VIII due non compliance
of Rules 26, 27 & 28 etc.
Hearing at 11 AM on
24.06.13 for LC VIII
EWS advertisements of 7
Unitech projects - details
Hearing scheduled for
20.06.13 postponed to 11
AM 05.08.13 for LC VI
Wrong and incorrect Deed
of Declaration sought to be
filed. Waiver of Rules 24,
26, 27 & 28 wrongfully
sought whereas only delay
in submission of accounts
is
compoundable
qua
8687
88
8990
91114
115
116
117
118
119126

6. 6
27
Unitech
22.06.13
letter
dt
28
Unitech
letter
dt
30.07.13/01.08.13
29
DTCP Memo No. RL20/DS(R)/2013/50119
dt 30.08.13 with
DTCP
Order
dt
30.08.13
30
DTCP Memo No. RL20/DS(R)/2013/60197
dt 11.12.13 to STP
Gurgaon
period of delay. Water has
not been provided as yet.
Sewer connection is non
functional
as
yet.
Electricity connection is
not Bulk Domestic as yet
and industrial rates of over
Rs 9 per unit are being
charged
by
DHBVN.
Hence completion can not
be given to Unitech
Regarding renewal of
license
and
final
completion
LC VI renewal to 30.04.15
saying development works
have been completed and
renewal is only for
(unstated) miscellaneous
works
License renewed upto
30.04.15 in clear violation
of mandate of Rules 26, 27
& 28 – delay in submission
of accounts is compounded
but non-submission of
accounts is not at all
compoundable
STP directed to “report
regarding violation done
by applicant vis-à-vis
approved building plans”
127
128129A
130131
132
4. Certain additional points are now given regarding the
violations of builder/developer/colonizer/licensee:
(a) The Uniworld Garden DTCP Haryana Lic. 60 of 1996
(i) Per sanctioned plan Towers 1 to 8
T-1. 66
T-2. 58
T-3. 70
T-4. 62

7. 7
T-5. 54
T-6. 70
T-7. 62
T-8. 54 (Total 496)
(ii) As built Towers 1 to 8
T-1. 72
T-2. 62
T-3. 70
T-4. 62
T-5. 54
T-6. 70
T-7. 62
T-8. 54 (Total 506- not as per sanctioned plan- Well settled
that extra floors beyond sanction are non-compoundable.
(b) Area of Dwelling Units
(i) Per Sanctioned Plan (sq m.)
Gross
92548.172
Shops
50
EWS
(non-saleable)
2188.588 24.87x88
(reduced 1653.62 sq m 18.58x89)* (non-saleable)
Community Centre
1004.144
(non-saleable)
496 Apartments
89305.44
(saleable)
i.e.
961275.72 sq ft
* As per Indian Express, Delhi, Page 3 advertisement dated
06.06.13 (From sanctioned D.U. Area of 24.87 sq m the built

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area is “super area” of 18.58 sq m. Super area is disallowed
vide IS 3861 of 2002
(ii) EDC on 13.081 acres at Rs 36.6025 lacs per gross acre
or Rs 4,78,80,000
1079671 sq ft sold to first 496 buyers and EDC recovered:
1079456 sq ft x Rs 44.36 per sq ft = Rs 4,78,84,668
(Per plan sold for 496 Nos could only be 100284.75 sq m)
(iii) Actually Built 506 flats
Extra area: 2 floors x 671.597 sq m. or 1343.194 sq m.
2 D.U.s 284.380 sq m.- Total excess: 1627.574 sq m.
506 Apartments 90933.014 sq. m or 978794.78 sq ft
(c) Financial details:
(i) Average Rate: Rs 1826 per sq ft (including Rs 44.36 per sq
ft as EDC.) Total Rs 197 crores were admittedly recovered by
Unitech from first 496 purchasers. In addition Unitech
admittedly received Rs 7 crores from10 dis-entitled purchasers
without informing them of the fact that only 496 apartments
are sanctioned till date on the file of DTCP.
(ii) Unitech mis-sold 109962 sq ft against 961275.72 sq ft
sanctioned. Built 2 extra floors being non-compoundable.
EDC 1099962 sq ft x Rs 44.36 = Rs 48,79,4314
(Unitech mis-sold 102189.82 sq m against 89305.44 sq m)
5. As per Indian Express, Delhi, Page 3 advertisement dated
06.06.13 (received from Unitech vide Diary No. 51128 dated
20.06.13) (From sanctioned D.U. Area of 24.87 sq m the built

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area is “super area” of 18.58 sq m. The D.U. Area calculated
as per Statute is actually 14.86 sq m. which violates the
minimum norm under Rules/Statute. Super area is anyhow
disallowed vide IS 3861 of 2002 under National Building
Code of India 2005 read with Disaster Management Act, 2005
( brought into force on 07.05.07) as per mandate of Clause
6.2.1 & 6.4.1 of National Disaster Management Policy, 2009.
Extract of National Disaster Management Policy, 2009 is as
below:
“6.2.1 In view of the construction boom and rapid
urbanisation, municipal regulations such as development
control regulations, building bye-laws and structural safety
features need to be revisited. These regulations will be
reviewed periodically to identify safety gaps from seismic,
flood, landslide and other disasters and suitable modifications
will be made to align them to the revised building codes of the
Bureau of Indian Standards (BIS). Undesirable practices
compromising safety during disasters, that tend to crop up
from time to time, will need to be addressed in the regulations.
The utilisation of unsuitable areas for construction, without
necessary safeguards further enhances vulnerability and needs
to be guarded against through appropriate compliance
mechanisms. Similarly, the introduction of suitable regulations
for rural areas will also be emphasised. Where required, local
bodies will be provided with suitable financial incentives for

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the preparation of appropriate regulations. This process will
involve an all inclusive exercise involving due sensitisation of
governmental organisations at all levels, local authorities and
the community at large to accrue maximum results thereof.
xxxxx
6.4.1 Hazards like earthquakes and cyclones do not kill people
but inadequately designed and badly constructed buildings do.
Ensuring safe construction of new buildings and retrofitting of
selected lifeline buildings, as given in the Earthquake
Guidelines, is a critical step to be taken towards earthquake
mitigation. The design and specification of houses being
constructed, under the Indira Awas Yojana (IAY) and other
government welfare and development schemes, will also be
reexamined to ensure hazard safety. Building codes will be
updated every five years as a mandatory requirement and also
put in the public domain. Observance of the National Building
Code should be made mandatory in all the State/ Municipal
building bye-laws.”
6. That the names of 10 persons excluding first 496 purchasers
who were allotted Unitech Customer ID Nos lying between ID
Nos 603006 to 603508 and ID Nos 6030071 to 6034951 have
now been ascertained. These persons are disentitled for
allotment as they fall within the mischief of well settled law
established in Jayantilal Investments vs Madhuvihar CoOperative Housing (2007) 9 SCC 220 & Madhuvihar Co-

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operative Housing Society, Mumbai v. Jayantilal Investments
2011 (1) Mh.L.J. 641) read with Harsukh Jadhavji Joshi vs
Ramesh Himatlal Shah AIR 1974 Bom 87, (1973) 75 BOMLR
649, Ramesh Himmatlal Shah vs Harsukh Jhadavji Joshi
(1974) 76 BOMLR 375 & Ramesh Himmatlal Shah vs
Harsukh Jadhavji Joshi AIR 1975 SC 1470, 1975 SCR 270):
Cust ID
Name
SUNDEEP KHANNA
earlier HEMANT
6035001
KUMAR earlier
SAROJ SACHDEVA
Twr
Flat
Area
Mobile
1
003
1800
98100072850
N.A.
UMESH CHANDRA
SAHOO
1 1903
2027
9733101052
N.A.
NAWABUDDIN earlier
HINDUSTAN
THOMPSON ASSOC
1 1904
2027
9810831544
N.A.
RAMESH MALIK
2 1603
2027
9311530563
N.A.
SURYADEEP KR
VARMA earlier PREET
KAUR
3
004
1800
9871371275
N.A.
GR GUPTA
4
003
1800
9254344767
6034961 SAKSHI GURNANI
6 1601
3410
Related to
Unitech
promoter
Praveen
Gurnani
N.A.
SANJEEV BHASIN
7
003
1800
9999052888
N.A.
SANJAY MITTAL
7
004
1800
9810159141
N.A.
PUNEET CHOPRA
8
003
1800
9871339989
7. That whereas excess FAR is compoundable to an extent as
per Rule, there can be no builtup area by way of extra floor
beyond the sanctioned plan is very well settled in Priyanka
Estates International v State of Assam 2010 (2) SCC 27 AIR
2010 SC 1030:
"69. However, the said contention cannot be accepted
as construction of an extra floor does not fall within the

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category of compoundable items which is manifest from
Appendix III of the building bye-laws of the
Corporation reproduced hereinabove.
xxxx
79. The instant case is not a case of breach of contract.
It is a clear case of breach of the obligation undertaken
to erect the building in accordance with building
regulations and failure to truthfully inform the warranty
of title and other allied circumstances.
xxx
82. In the light of the foregoing discussions, these
appeals are dismissed with the directions contained
hereinabove. Respondent-authorities shall be at liberty
to proceed with demolition of half of the 5th floor, if not
ultimately compounded; 6th, 7th and 8th floors as
mentioned hereinabove."
8. That the competent authority may see also Esha Ekta v
Municipal Corporation of Mumbai (2012) 4 SCC 689 & Esha
Ekta v Municipal Corporation of Mumbai (2013) 5 SCC 357
for re-iteration of this facet of demolition of even one floor
beyond original sanctioned plan. Since sanctioned plan of The
Uniworld Garden shows 496 flats and 10 extra flats are built
by raising one and half extra floors in Tower 1 (6 flats) and
one extra floor in Tower 2 (4 flats) - whereas the latest
sanctioned plan submitted in court by DGTCP Haryana/ STP

13. 13
Gurgaon (vide Affidavit dated 27.09.13 & Affidavit dated
07.12.13) show only 496 flats. Actually 506 flats have been
constructed on ground by raising two and half extra floors
beyond sanctioned plan - even one extra floor was repeatedly
held to be non compoundable by SC. The DGTCP Haryana
Affidavits are silent on this point of 506 flats actually
constructed on extra floors added without any sanctioned plan.
89 EWS service personnel flats were thereby built as against
88 EWS service personnel flats existing in the sanctioned
plan.
9. That there are also grave violations of Disaster Management
Act, 2005 for which stringent provisions to deal with negligent
officers and ministers are provided in the law since 2007.
10. Kindly grant me early hearing on any of the dates 22, 23,
27, 28, 29, 30 January, 2014. In the interests of equity and
justice, till such time the appellant/complainant is heard
Senior Town Planner, Gurgaon may kindly be directed to
place on hold any action on DTCP Memo No. RL20/DS(R)/2013/ 60197 dt 11.12.13 directing Senior Town
Planner, Gurgaon to “report regarding violation done by
applicant vis-à-vis approved building plans.”
Place: Gurgaon
Date: 09.01.2014
Lt Col(Retd) Sarvadaman Singh Oberoi
Mobile:98187698349
Copy to:
Senior Town Planner, Gurgaon
Sector 14, Gurgaon 122001 – w.r.t. para 1, 2 & 10

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Published in Haryana Govt. Gaz. Dated 19th April, 2002

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Published in Haryana Govt. Gaz. Dated 19th April, 2002

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From
The Chief Administrator
HUDA (Town Planning Wing),
Panchkula.
To
1.The Director, Town & Country Planning, Haryana, Chandigarh.
2.The Administrators, HUDA, Panchkula, Gurgaon, Hisar, Faridabad, Rohtak.
3.The Senior Town Planners, Gurgaon, Panchkula, Hisar.
4.All the Estate Officers, HUDA.
5.All the District Town Planners.
Memo no. CTP (H) / DTP (N) – 17370-414 Dated: 28-09-2006
Subject: Composition Rates for compoundable violations in Plotted residential
development applicable to Town & Country Planning Department and HUDA.
The following composition rates for compoundable violations in plotted
residential development applicable to Town & Country Planning Department
and HUDA have been approved by the Govt. These rates shall come into force
with immediate effect.
Ser
Description of violation
Composition rates
1.
BUILDING WITHOUT PLAN:
Construction raised without getting plan
sanctioned and the construction so made
conform to the building bye laws /
zoning
a.
zoning.
b.
2.
Construction without building plans
revalidated.
Compounding @ Rs. 400/- per sq. mts.
Compoundable @ Rs. 100/- per sq. mts.
on constructed area.
COVERED AREA:
a.
Compoundable up to maximum limit of
10% of the set back to be compounded @
Rs. 10800/- per sq. mts.
Covered area beyond zoning line but
within permissible limits.
b.
Excess covered area beyond permissible
limit within zoned area.
Compoundable up to 10% of the total
permissible FAR. Up to 5% @ Rs. 3300/per sq. mts. and beyond 5% @ 6500/- per
sq. mts .
c.
Excess covered area beyond zoning line.
3.
a.
HEIGHT OF THE BUILDING:
Increase in height up to (including
parapet and mumty) beyond permissible
limit where no frame control is applicable.
(i) Up to 50 cm
(ii) Above 50cm to 1.00 meter.
Compoundable up to maximum limit of
10% of the set back to be compounded @
Rs. 10800/- per sq. mts. (This will be
over and above the composition fee of
excess covered area).
Compoundable
Nil
Rs.2000/- per sq. mts. Of covered area
subject to the maximum of 12 sq. mts.

78. 78
4.
a.
b.
5.
a.
6.
a.
7.
a.
b.
8.
a.
b.
c.
only.
d.
rules.
e.
LIGHT AND VENTILATION:
Non provision of exhaust fan / flue in
the Kitchen.
General light and ventilation including
toilets.
Compoundable @ Rs. 200/- each.
Variation up to 10% is compoundable @
Rs.1100/- per sq. mts.
HEIGHT AND SIZE OF HABITABLE
AND OTHER ROOMS.
Variation in Height and size of habitable
rooms, kitchen and toilets.
Reduction in height up to 10cm and
reduction in area up to 5% of the
minimum required is compoundable @
Rs. 500/- each.
HEIGHT OF BOUNDARY WALL AND
TYPE OF GATE.
Change of design, height, size and
location of the gate / wicket gate and
boundary wall.
Compoundable @ Rs. 1000/- each per
Violation up to the maximum of 10% in
size and height of gate / wicket gate and
boundary wall.
DAMP PROOF COURSE (DPC)
Construction without obtaining DPC
certificate bur according to approved
building plan.
Compoundable @ Rs.5/- per sq. mts of
the permissible ground coverage.
Changing DPC after obtaining DPC
certificate but confirming to building
bye-laws / zoning.
Compoundable @ Rs.10/- per sq. mts. of
the permissible ground coverage.
STAIR CASE:
Steps outside the zoned area on ground Steps shall not be counted towards
floor.
covered area and compoundable @
Rs.1000/- per step subject to the
maximum of five steps and maximum
width of 1.20 mts. Having maximum
tread of 30cm each.
Tread and riser not as per rules.
Variation up to 10% compoundable @
Rs. 100/- per step.
Provision of winder steps at landings
Compoundable @ Rs. 200/- each.
Width of stair case reduced from
minimum width prescribed under the
case.
Reduction only up to 10cm is
compoundable @ Rs. 500/- per stair
Head room height reduction from the
minimum prescribed under the rules.
Up to 10cm is compoundable @ Rs.
500/- each Head room.

79. 79
9.
CANTILEVER PROJECTION:
a.
Sanctionable projection but not shown in
the sanctioned building plan.
b.
Non-Sanctionable cantilever projection
but within zoning line.
Non-Sanctionable cantilever projection
outside zoning line.
c.
d.
Cantilever Cup Board / bay window
e.
Projection on Govt. Land
10.
a.
Compoundable @ Rs. 500/- per sq. mts.
Violation up to maximum limit of 10% of
the set back line is compoundable @
Rs.11000/- per sq mt .
To be counted in covered area violation.
Compoundable to the limit of 30 cm in
width @ Rs. 1000/- per sq. mts. at
door/window level only.
VENTILATION SHAFT:
Area of shaft is less than the permissible.
b.
Compoundable @ Rs. 100/- per sq. mts.
Shaft covered at 2.40 meters height.
Variation up to 10% is compounded @
Rs. 9000/- per sq. mts.
Compoundable @ Rs. 1000/- each light
and ventilation parameters met with.
?
11.
a.
MISCELLANEOUS:
Un-authorized occupation
Compoundable @ Rs. 50/- per sq. mts.
Of
b.
c.
d.
e.
Pipe shaft beyond zoning line.
Non load bearing architectural pillars.
To be counted in covered area violation.
Compoundable @ Rs. 1000/- each
provided is less than 30cm in dia not
touching roof or projection and
maximum up to 4 pillars.
Major changes like shifting of internal
wall, door, window, ventilator, left over
door and other changes in elevations.
Compoundable @ Rs. 100/- each.
Store converted into Kitchen, provided it
meets with the provisions of rules.
Compoundable @ Rs. 1500/-
NOTE: All the violations no covered by the composition rates listed above are
non- compoundable except minor variation in Public Health Services such as
construction of under ground water tank etc. which are to be ignored.
-sdDistrict Town Planner, For Chief Administrator, HUDA,
Panchkula.

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107. 107

108. 108

109. 109

110. 110

111. 111

112. 112

113. 113

114. 114

115. 115

116. 116

117. 117

118. 118

119. 119

120. 120

121. 121

122. 122

123. 123

124. 124

125. 125

126. 126

127. 127

128. 128

129. 129

130. 130
129A

131. 131
130

132. 132
131

133. 133
132