GURGAON: Allottees of Sector 51 can rejoice. Huda will pay them compensation for miscalculating enhanced charges it had drawn from them, after it was ordered to pay higher compensation to land losers. But reeling under financial crisis, Huda now faces the prospect of returning around Rs 500 crore to the allottees.
Following directions of the Punjab and Haryana high court, the Huda chief administrator has passed a speaking order to refund the excess amount, with interest, that it had collected from allottees as enhancement. It will benefit 1,784 allotees, including 1,400 plot owners and 384 flat owners in eight group housing societies. It is estimated that plot owners will get Rs 5-25 lakh, plus interest based on plot size. The interest is yet to be decided by Huda. Flat owners, on the other hand, will receive around Rs 7 lakh per flat. The amounts will be refunded to allottees by Huda directly, after receiving their refund applications.
The order is a big blow to the cash-strapped authority struggling to raise funds to complete pending projects.
“Huda has suffered earlier because of callous and unprofessional approach, when they had to refund Rs 250 crore to Sector 52 allottees. This speaking order, to refund excess amount collected due to wrong calculations, will put an extra burden on the authority,” said Sector 51 allottee Pankaj Yadav.
Ever since plots were allotted in Sector 51, Huda had levied three enhancements, citing separate courts orders asking it to pay higher compensation to land owners. Huda’s first enhancement, of Rs 2,104/sqm, came in March 2010. The second, of Rs 3,984/sqm was announced in September 2011 and the third, of Rs 5,581/sqm, in February 2012. Soon after, allottees alleged all enhancements were wrongly calculated, and began challenging the orders through representations and petitions in high court.
Yadav said the court accepted their argument that the enhancement they had to pay was based on faulty calculation. He said initially, the price was calculated based on a tentative plan released in 2003. Since then, there were big alterations that drastically reduced proposed open spaces, schools and hospitals in the area, for which allottees had already paid up. Some portions of Sector 51 had also been acquired under Sector 46. Cost of this pre-acquired land was also levied on Sector 51 allottees.
“After acquisition and sale of land in Sector 51, much of its open space was sold to builders, but allottees were made to pay for these,” he said, adding proposed parks, schools, colleges etc were sold as plots.
The order said a new policy to calculate enhancement was formulated in July 2016. “The allotment cost in Sector 51 was calculated afresh,” said the order. It mentioned the first and second recovery of enhancements will remain intact, but the third compensation was revised. It worked out to Rs 260.80 per sq yd, though Huda collected enhancement at Rs 4666.06 per sq yd in January 2011.
Credits ET Realty