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News: HC allows occupation certificates to Gurgaon builders-Jul 17, 2015

CHANDIGARH : In a big relief to realty giants, the Punjab and Haryana high court on Thursday modified its previous order and allowed the Haryana government to issue occupation certificates to builders who have housing projects in sectors 68 to 80 in Gurgaon. The only condition put by the HC is that the builders should have already made arrangements for water and other basic amenities in these projects.

In an order on January 9, the high court had restrained the Haryana government from issuing the certificates to the builders in these sectors till they ensured basic amenities, including drinking water, in the houses. The court had imposed the ban as the builders and the Haryana Urban Development Authority (Huda) had failed to make arrangements for supplying sufficient water in these areas.

When the matter came up for hearing on Thursday, a division bench headed by Justice S K Mittal allowed the state to issue occupation certificates after taking an affidavit from Huda that proper arrangements for basic amenities have been made. Huda on Thursday submitted that potable water for sectors 68 to 80 would be provided from the plant at Chandu Budhera.

The distribution lines will be laid within two years (six months for tendering process and 18 months for construction) after the land acquisition process is completed. Notifications for land acquisition had already been issued in July and again in December 2014. The affidavit stated that alternate water supply lines had been laid on May 10 and water was being supplied through this pipeline from the boosting station at sector 51 to some of these sectors. From this alternate line, water connections have been provided to builders DLF Universal Ltd (sector 74A), Gupta Promoters (sector 70), Shyam Communication System (sector 74 A), Tulip Infratech (sector 70 and sector 69).

Considering Huda's reply, the court allowed the authorities to issue occupation certificates in sectors, where water arrangements have been made. The court had also directed the state to prepare details of total residents in these sectors, their daily requirement for water and the source from where sufficient water can be supplied.

The matter had reached the HC through a petition filed by Mukesh Sharma, a resident of village Silokhra in Gurgaon district, who had alleged illegal extraction of underground water by the builders in Gurgaon. The court had earlier observed that the state government was busy in revenue generation by selling colony licences to builders, who were least bothered about providing basic facilities to the residents.



Source: The Times of India  July 17, 2015                                   Posted by JasCon.- Making Real Estate Easy



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