huda completion certificate penalty
Copies of this notice have also been lined with the administrative and the account department of the state. Plot owners infringe this timeline HUDA will charge penalties from them invariably. This new policy is the revised version of HUDA policy in January. Residential/Commercial/ Institutional any development need to complete their construction within the measured timeframe. HUDA has the power to make these plot owners lose their allotment, if there’s no completion of the construction within 15 years. Under this revised rule HUDA will provide OC to the projects which have at least finished 25% of their developments instead of 10% as it used to provide for earlier.
The decision has taken on the count of vacant lands, even after several years of allotment, which eventually causes huge property tax for HUDA. Coming next to this amendment HUDA also has conducted a survey which will analyze the exact count of plots which have less than 50% development. HUDA has by issued notice to 1060 plot owners under the real estate officer-I, another 4000 allotees under the jurisdiction of officer-II are also found to be withstanding the norms and will be served notice soon. Within 2 years of allotment various sectors should start their respective constructions.
I have heard both the parties and gone through the record carefully. On the perusal of record it is definite that the appellant has constructed the house on the plot in question in the year 1979. A lenient view is taken and the extension fees is hereby waived off. It is further ordered that the appellant will pay Rs.2000/- as penalty for non-obtaining the completion certificate.
Justice R.S. Madan, President:
The new policy
Under the new policy, the allottee will get respite from the time cap imposed by HUDA for raising the construction on a residential or commercial plot. Now, the allottee who is unable to undertake the construction will pay a revised extension fee for 12 years. If the allottee is still not able to undertake construction, a further extension in period of construction will be allowed on payment of extension fee at double the rates of the previous year. However, this will not apply to plot sizes of upto 100 square metres for which the rates will remain the same as in the 12th year, officials said. For commercial plots, the extension fee will be 2-3 times of the rates charged for residential plots.
HUDA officials said that a rebate of 50% rebate in the extension fee will be allowed for plots allotted to defence and paramilitary personnel. The existing rebate in extension fee to women and widows will continue to remain in force.
“To ensure compliance, the administrator has now directed the estate officers to make personal inspection of the sites before giving approval,” said a senior Huda official. “With this, the estate officers will also be made accountable to the enforcement of the rules in granting OCs,” he added.
In January 2017, Huda made it mandatory for all kinds of plots — residential, commercial and institutional — to complete construction of minimum of 50% of ground coverage and get OC. In case of failure to get an OC in stipulated time, Huda automatically starts charging penalty as extension fee.
. deserves to be allowed. In our opinion, the National Commission having held that it has no jurisdiction to go into the correctness of the demands made by HUDA ought to have set aside the orders of the District Forum and the State Co. Appeal Nos.8314-8315 PUDA (now GLADA) v. Narinder Singh Nanda of 2010, decided on 20.2.2014 and Sunitas case (supra) has held that the demand of composite fee and extension fee by HUDA was. fee made by HUDA from the respondent complainant. 5. On the National Commissions own reasoning and the interpretation of provisions of law with which we agree, this appeal.
. jurisdiction to go into correctness of demands made by the Development Authority (HUDA), it had no jurisdiction to go into correctness of demand of composition fee and extension fee made by . respondent complainant- Hence it should have set aside orders of District Forum and State Commission setting aside demands of composition fee and extension fee made by HUDA from respondent. any2. st extension fee. The respondent did not complete the construction within the specified period and the extension fee as levied by the petitioner was deposited by the respondent on 4.4.2005. .