Director
General, Town & Country Planning
Complaint for
violation and contravention of Section 7
(i) & (ii) of the Haryana Development and Regulations of Urban Areas Act,
1975 and the rules framed hereunder, by M/s ERA LANDMARKS (I) Ltd.
Most
Respectfully Showeth:
The Present Complaint is filed to highlight the
rampant abuse and violation of Laws, Bye-Laws, rules, Regulations and
provisions of the state of Haryana by aforesaid builder in conspiracy with M/s
BPTP who is the licensee of the said land in Sector-76, falling in the Urban
Estate of Faridabad, vide License No. 1042 to 1061 of 2006. The present
complaint’s endeavor is to bring to fore the illegal methods adopted by Licensee
and M/s Era Landmarks to dupe thousands of gullible citizens with ponzi housing
schemes which do not have any sanction of the competent Authority. Further, the
complaint tries to show how the Licensee is cheating the Competent Authority by
not truthfully disclosing and concealing material facts with regards to the
provisions of the Rules of 1976.
2. It
is submitted that M/s BPTP executed an irrevocable General Power of Attorney in
Favor of M/s ERA LANDMARKS (I) LTD., whereby
these two colonizers conspired to unlawfully confer the rights to
construct, develop and market in its own name and brand a residential township
on Approx 26 Acres of the licensed Colony. The following License’s have been
stated to have been transferred in favor of Era Landmarks, License No. 1042,
1043, 1045, 1046, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055 and 1061,
through this unlawful instrument.
3. it is known fact that Section 3(1)of the
Haryana Development & Regulations of Urban Areas Act,1975, clearly states
that, “ Any Owner desiring to convert his land into a colony shall, unless
exempted under section 9, make an application to the Director, for the grant of
a license to develop a colony in the prescribed form and pay for it such fee and conversion charges as may be
prescribed……”. Therefore to be a licensee the foremost requirement is to be
owner of the said land that the owner wants to convert into a colony and
thereafter Under subsection 2 of the said section needs to fulfill other
mandatory requirements to allow the Director to grant license in his favor.
Further, Section 7(i) of the Act of 1975 states that, “ Without Obtaining a
license under section 3, transfer or agree to transfer in any manner plots in a
colony or make advertisement or receive any amount in respect thereof is
prohibited”. Therefore it is clear from the aforesaid that there is no
provision under the Act of 1975 for M/s BPTP to confer rights to M/s Era
Landmarks (i) Ltd. and further, M/s Era Landmarks (I) Ltd had and has no rights
to transfer or agree to transfer plots in a colony, to advertise or to receive
amounts thereof from intending allottees and the said bilateral irrevocable
general power of Attorney is de facto and hence void and an unlawful instrument
designed with motive to cheat the gullible common man of his lives saving.
4. It
is submitted that this unlawful activity between M/s BPTP and M/s ERA Landmarks
(I) Ltd, to dupe thousands of gullible Citizens of the state has been brought
to light to your good office through The DTP (Faridabad) vide Memo. No. 2560
dated 23.05.2013 and also through repeated letters send by, Investigating
Officer ASI Suresh Chand, EOW ( Faridabad). It is regretted that even after
more than several months the Officer is still waiting to know the stand of
Director in this regard.
5. It
is stated that Era Landmarks (I) Ltd, does not hold any valid license to
develop the said colony in sector 76 of Faridabad. Yet, with a brazen and
blatant mala-fide intention M/s Era Landmarks (i) Ltd., has sold thousands of
Ground Plus three floors and Highrise in 26 acres of licensed land of M/s BPTP.
Copy of receipts of consumers of Era Landmarks is annexed and marked hereto as Annexure-1. Perusal of the ledger summary clearly shows
the date on which the first installment was collected by Era, the Number and
address of the floor/flat sold and the total consideration for which it is
sold. Therefore, there is no Iota of doubt that M/s Era Landmarks (i) Ltd., has
intentionally and knowingly committed fraud with the citizens of the state by
selling properties for which there is no sanctity of law.
6. It
is stated that M/s Era Landmarks (I) Ltd has sold this project showcasing the
project as affordable option in Faridabad vide sales brochure, copy of which is
annexed and marked Annexure-2. Perusal of the brochure shows without doubt
that M/s Era Landmark in facto is propagating and soliciting sales by enticing
public at large with its affordable tag line and secured gated community
features. The Brochure also clearly shows the layout plan of the residential
colony, with parks and other facilities. Therefore it is clear that Era
Landmarks has very indigenously designed in conspiracy with M/s BPTP a scheme
to lure and dupe thousands of gullible citizens of the state.
7. It
is further submitted that Era Landmark has constructed the buildings/ structure
of building and in some cases started construction of certain buildings within
this project, pictures of the site of construction are annexed and marked
hereto as Anneure-3. Its is stated
fact that under section 7(ii), “ it is prohibited to erect or re erect any
building in any colony in respect of which a licnese under section 3 has not
been granted”. Therefore, M/s Era Landmarks (I) Ltd is selling and constructing
illegally and further is jeopardizing the future and the present of thousand of
citizens who do not know the modus operandi of Era and are faithfully abiding
by the terms and condition of their bilateral agreement executed between Era
and the allottees.
8. It
is submitted that Era Landmarks is committing gross violations that is causing
serious harm and injury not only to the allottees who have bought into this
ponzi residential scheme sold by Era landmarks (I) Ltd. to gain unlawfully at
the expense of common man but is also
defrauding with the Competent authority, by constructing illegal and
unauthorized building in the state and frustrating all efforts for proper and
planned urban development in the state of Haryana.
9. It
is pertinent to mention that as the ownership of land is not in the name of M/s
Era Landmarks which is selling and constructing the said residential project to
public at large since 2009 and till date the allottees have almost paid 90% of
the agreed sales consideration, further it also
does not have the mandatory license in its name. Therefore, the most
important question arises that how would it be possible for M/s Era Landmarks
to pass on the legal title and get conveyance deed executed in favor of these
thousands of allottees and under which prevalent rule, law or Act would it be
possible to allow creation of title of an unlawful and unauthorized
construction. It thereby means that if stringent action is not taken
immediately these thousands of allottees will have no option but to lose their
lives saving.
Prayer:
2. Hold
M/s Era Landmarks guilty of violating and contravening all laws, rules,
provisions, terms and conditions of the Haryana Development & Regulations
of Urban Areas Act, 1975.
4. Direct the police to take cognizance of mala fide
and ulterior motives of Both the colonizers to cheat and fraud with the public
at large for own profit.
5. Direct
both the colonizers to jointly provide alternative floors/flats in same
vicinity with matching specification to all allottees which has legal sanctity of
the competent Authority.
6. Direct
both the colonizers to pay punitive charges to all allottees at the rate of 24%
on the money collected so far from all allottees from the date of booking of
their flats and floors in the ponzi scheme hatched together by the above named
colonizers.
7. Hold
the licensee guilty of concealing critical facts to the Competent Authority as
is required under Section 24, 25, 26 & 27 of the Rules of 1976.
Date-
13/06/2013
Enclosed:-
1.
Annexure
1:- Copy of receipts of consumers of Era Landmarks.
Director
General, Town & Country Planning
Haryana,
Sector-18, Madhya Marg,
Chandigarh,
Haryana 160017.
Complaint for
violation and contravention of Section 7
(i) & (ii) of the Haryana Development and Regulations of Urban Areas Act,
1975 and the rules framed hereunder, by M/s ERA LANDMARKS (I) Ltd.
Most
Respectfully Showeth:
The Present Complaint is filed to highlight the
rampant abuse and violation of Laws, Bye-Laws, rules, Regulations and
provisions of the state of Haryana by aforesaid builder in conspiracy with M/s
BPTP who is the licensee of the said land in Sector-76, falling in the Urban
Estate of Faridabad, vide License No. 1042 to 1061 of 2006. The present
complaint’s endeavor is to bring to fore the illegal methods adopted by Licensee
and M/s Era Landmarks to dupe thousands of gullible citizens with ponzi housing
schemes which do not have any sanction of the competent Authority. Further, the
complaint tries to show how the Licensee is cheating the Competent Authority by
not truthfully disclosing and concealing material facts with regards to the
provisions of the Rules of 1976.
1. It
is submitted that the Licensee M/s BPTP , Vide License No. 1042 to 1061 of 2006
was granted permission to set up Residential
Group Colony admeasuring 55.98
Acres in sector-76 falling under the Urban Estate of Faridabad.
2. It
is submitted that M/s BPTP executed an irrevocable General Power of Attorney in
Favor of M/s ERA LANDMARKS (I) LTD., whereby
these two colonizers conspired to unlawfully confer the rights to
construct, develop and market in its own name and brand a residential township
on Approx 26 Acres of the licensed Colony. The following License’s have been
stated to have been transferred in favor of Era Landmarks, License No. 1042,
1043, 1045, 1046, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055 and 1061,
through this unlawful instrument.
3. it is known fact that Section 3(1)of the
Haryana Development & Regulations of Urban Areas Act,1975, clearly states
that, “ Any Owner desiring to convert his land into a colony shall, unless
exempted under section 9, make an application to the Director, for the grant of
a license to develop a colony in the prescribed form and pay for it such fee and conversion charges as may be
prescribed……”. Therefore to be a licensee the foremost requirement is to be
owner of the said land that the owner wants to convert into a colony and
thereafter Under subsection 2 of the said section needs to fulfill other
mandatory requirements to allow the Director to grant license in his favor.
Further, Section 7(i) of the Act of 1975 states that, “ Without Obtaining a
license under section 3, transfer or agree to transfer in any manner plots in a
colony or make advertisement or receive any amount in respect thereof is
prohibited”. Therefore it is clear from the aforesaid that there is no
provision under the Act of 1975 for M/s BPTP to confer rights to M/s Era
Landmarks (i) Ltd. and further, M/s Era Landmarks (I) Ltd had and has no rights
to transfer or agree to transfer plots in a colony, to advertise or to receive
amounts thereof from intending allottees and the said bilateral irrevocable
general power of Attorney is de facto and hence void and an unlawful instrument
designed with motive to cheat the gullible common man of his lives saving.
4. It
is submitted that this unlawful activity between M/s BPTP and M/s ERA Landmarks
(I) Ltd, to dupe thousands of gullible Citizens of the state has been brought
to light to your good office through The DTP (Faridabad) vide Memo. No. 2560
dated 23.05.2013 and also through repeated letters send by, Investigating
Officer ASI Suresh Chand, EOW ( Faridabad). It is regretted that even after
more than several months the Officer is still waiting to know the stand of
Director in this regard.
5. It
is stated that Era Landmarks (I) Ltd, does not hold any valid license to
develop the said colony in sector 76 of Faridabad. Yet, with a brazen and
blatant mala-fide intention M/s Era Landmarks (i) Ltd., has sold thousands of
Ground Plus three floors and Highrise in 26 acres of licensed land of M/s BPTP.
Copy of receipts of consumers of Era Landmarks is annexed and marked hereto as Annexure-1. Perusal of the ledger summary clearly shows
the date on which the first installment was collected by Era, the Number and
address of the floor/flat sold and the total consideration for which it is
sold. Therefore, there is no Iota of doubt that M/s Era Landmarks (i) Ltd., has
intentionally and knowingly committed fraud with the citizens of the state by
selling properties for which there is no sanctity of law.
6. It
is stated that M/s Era Landmarks (I) Ltd has sold this project showcasing the
project as affordable option in Faridabad vide sales brochure, copy of which is
annexed and marked Annexure-2. Perusal of the brochure shows without doubt
that M/s Era Landmark in facto is propagating and soliciting sales by enticing
public at large with its affordable tag line and secured gated community
features. The Brochure also clearly shows the layout plan of the residential
colony, with parks and other facilities. Therefore it is clear that Era
Landmarks has very indigenously designed in conspiracy with M/s BPTP a scheme
to lure and dupe thousands of gullible citizens of the state.
7. It
is further submitted that Era Landmark has constructed the buildings/ structure
of building and in some cases started construction of certain buildings within
this project, pictures of the site of construction are annexed and marked
hereto as Anneure-3. Its is stated
fact that under section 7(ii), “ it is prohibited to erect or re erect any
building in any colony in respect of which a licnese under section 3 has not
been granted”. Therefore, M/s Era Landmarks (I) Ltd is selling and constructing
illegally and further is jeopardizing the future and the present of thousand of
citizens who do not know the modus operandi of Era and are faithfully abiding
by the terms and condition of their bilateral agreement executed between Era
and the allottees.
8. It
is submitted that Era Landmarks is committing gross violations that is causing
serious harm and injury not only to the allottees who have bought into this
ponzi residential scheme sold by Era landmarks (I) Ltd. to gain unlawfully at
the expense of common man but is also
defrauding with the Competent authority, by constructing illegal and
unauthorized building in the state and frustrating all efforts for proper and
planned urban development in the state of Haryana.
9. It
is pertinent to mention that as the ownership of land is not in the name of M/s
Era Landmarks which is selling and constructing the said residential project to
public at large since 2009 and till date the allottees have almost paid 90% of
the agreed sales consideration, further it also
does not have the mandatory license in its name. Therefore, the most
important question arises that how would it be possible for M/s Era Landmarks
to pass on the legal title and get conveyance deed executed in favor of these
thousands of allottees and under which prevalent rule, law or Act would it be
possible to allow creation of title of an unlawful and unauthorized
construction. It thereby means that if stringent action is not taken
immediately these thousands of allottees will have no option but to lose their
lives saving.
Prayer:
It is most
humbly prayed through present complaint based on aforesaid circumstances and
facts to grant reliefs in interest of Justice and in favor of the allottees.
1. Hold
the licensee guilty, jointly and severally, for criminal conspiracy and forging
papers to cheat the public at large.
2. Hold
M/s Era Landmarks guilty of violating and contravening all laws, rules,
provisions, terms and conditions of the Haryana Development & Regulations
of Urban Areas Act, 1975.
3. Direct
the Licensee to stay construction and sale of floors/flats to public at large
till the pendency of the present complaint.
4. Direct the police to take cognizance of mala fide
and ulterior motives of Both the colonizers to cheat and fraud with the public
at large for own profit.
5. Direct
both the colonizers to jointly provide alternative floors/flats in same
vicinity with matching specification to all allottees which has legal sanctity of
the competent Authority.
6. Direct
both the colonizers to pay punitive charges to all allottees at the rate of 24%
on the money collected so far from all allottees from the date of booking of
their flats and floors in the ponzi scheme hatched together by the above named
colonizers.
7. Hold
the licensee guilty of concealing critical facts to the Competent Authority as
is required under Section 24, 25, 26 & 27 of the Rules of 1976.
It is further prayed
that all suitable relief that may be deemed fit may be granted in favor of the
allottees and against the licensee’s, for which actions we would always be
obliged and grateful.
Complainant
Dr.
Naveen Airchwal
H.No. 2440, sector-8,
Faridabad
Verification:
Verified at Delhi on 13Th June, 2013 that
the contents of the Paras 1to 9 of the complaint are true and correct to my
best knowledge and believed to be true. Last paragraph is the prayer to this
competent authority. All Enclosure have been self attested as true copies and
the Complainant be given relief to put forth Photostat copies as relevant
proofs in the present complaint.
Complainant
Dr. Naveen
Airchwal
H.No. 2440, sector-8,
Faridabad,
Date-
13/06/2013
Place-
Faridabad
Enclosed:-
1.
Annexure
1:- Copy of receipts of consumers of Era Landmarks.
2.
Anexxure
2:- Copy of sales brochure for Era Divine Court.
3.
Annexure
3:- Pictures of construction work done
on the site.
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