Auction Process

 

Scheme initiation by FD:

 

The FD initiates process for allotment by identifying and short-listing the sites to be allotted and determination of the sale price. This is usually determined at a discounted rate due to the social nature of allotment.

 

Invitation to public

 

  1. Institutional sites: EO places advertisements in leading dailies for inviting applications.
  2. Rehabilitation colonies: A survey is carried out to determine the list of persons to whom colonies are to be allotted. Forms are distributed to persons whose name appears in the survey list

 

Receipt of applications

 

  1. Institutional sites
  1. School sites: - Application for allotment of site/building is made as per Form A and accompanied by a demand draft of earnest money @10% of the sale price/lease premium payable to the Estate Officer. Estate Officer has the authority to reduce the rate if necessary on a case-to- case basis. Property file is initiated on receipt of earnest money. If application is rejected the earnest money is refunded to the applicant.
  2. Non-school sites:- In the case of non school sites (religious and cultural sites), the procedure involved is same as school site except that no earnest money is required to be paid.

 

  1. Rehabilitation colonies: Forms are filled by the applicant and submitted as per last date.

 

Selection

 

  1. Institutional sites:
  1. School sites:- Applications accepted are forwarded to the Screening Committee (consisting of Home Secretary, Finance Secretary, Chief Architect and District Collector), which scrutinizes the application and interviews the short listed parties. The Screening Committee then finalizes the list and makes it public.
  2. Non-school sites:- In the case of sites other than school sites, the screening committee consists of Finance Secretary, Chief Architect, Deputy Commissioner, Superintendent of Police, Joint Secretary(Finance), Director Social Welfare & Assistant Estate Officer.

 

  1. Rehabilitation Colonies:
  1. Preparation of interim list for allotment: entire list based on eligibility is made public.
  2. Objections from public are invited.
  3. Preparation of a final list: based on the objection received applicants are selected and a draw of lots is conducted in presence of the Screening Committee.

 

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Preparation and submission of letter of Intent (Lol):

 

In the case of institutional sites EO allots a site of the size applied for or a building of which particulars are given in the application and sends the letter of Intent(Lol) to the applicant by registered post containing the number, approximate area and sale price of the property. In the case of rehabilitation colonies, allotment letter is issued directly.

 

Clearance from Government Departments:

 

Copies of the Lol are also sent to various government departments independent to the EO for the purpose of providing “non-encumbrance” and “amenities certificates”. The clearances required include those from Public Health, Electricity, Civil, Telecom and Horticulture departments. Site cannot be allotted till such encumbrance free certificates are obtained. Urban Planning Department conducts a survey for physically validating area of the site.

 

Payment of allotment money:

 

Once the applicant receives the Lol, he has to pay 25% of the sale price/lease premium of the site/building within 30 days of the allotment (Detailed process map shown overleaf)

 

  1. Refund of earnest money:If the applicant refuses to accept the allotment within 30 days, he will be entitled to refund of amount paid by him by D.D. He however, needs intimate the EO in writing via a registered letter
  2. Payment of penal interest +penalty: If the applicant fails to pay 25% of sale price/lease premium within thirty days of receipt of allotment order, he shall pay penal interest and penalty (appeal may be filed only in Court of EO). For a delay of more than 6 months, the site shall get cancelled and forfeiture of 10% of the sale price/lease premium (appeal may be filed only in court of Chief Administrator)

 

Issue of allotment letter:

 

Allotment letter is given to the applicant along with a letter of possession specifying the date for handing over of possession. Four copies of the allotment letter are made (one each for the allottee, EO, Finance Department and Urban Planning Department). The file number is given to the allottee after payment of allotment money and at the time of issue of allotment letter. For rehabilitation colonies payment of Rs. 6000 is received from the allottee after the allotment letter is issued to him otherwise allotment is cancelled.

 

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Handing over of possession:

 

For institutional plots the allottee/lessee may take possession at any time after receipt of allotment orders. For rehabilitation colonies the possession of the site is handed over within 90 days from the date of allotment. - In order to take possession, the allottee applies to the surveyor for handing over of possession along with the following documents:

 

  1. Original or attested photocopy of possession letter.
  2. Attested photocopy of allotment letter
  3. Three attested specimen signatures
  4. Three attested photographs

 

Verification:

 

The surveyor (designated under the Engineering Department but sitting in the EO) verifies the site as per the allotment letter and hands over possession of the site to the transferee/lessee.

 

Issue of letter:

 

The surveyor prepares the letter for ‘handing over possession’. He keeps the original and gives one copy to the concerned branch and one to the allottee.

 

Payment of balance amount:

 

The Payments are received from the allottee based on the details mentioned in the allotment letter. Allotment can be made either on installment basis or as in case of institutional plots as lump sum basis. Recovery of amount for special schemes (such as rehabilitation schemes) varies from scheme to scheme (basis for recovery for special schemes have been highlighted I individual sub-sections later in the report. E.g. Monthly installments of Rs. 245 for a period of 20 years are paid. For motor market colonies the option for paying 120 equated monthly installments exists. Interest on installment is charged at the rate of 7%. Rent Clerks of the respective colonies visit the colonies at location between 7th and 15th of every month to collect rents. The rent is only collected if the allottee shows his previous receipt. Separate counter has been set up at the Bank of Punjab, Sector 17, for collection of rent for Sector 25 Rehabilitation Colony The allottee may pay the balance 75% in either of the two ways:

 

Full Payment: Full 75% within 30 days of sale/lease (no interest is levied). This period may be extended to 6 months from date of sale if sufficient cause is shown by applicant. Prepayment is accepted only in cases of payment for full outstanding along with interest till that date. - Part payment:

 

75% of sale price of structure in three equated annual installments or six half-yearly installments inclusive of principle and 10% interest compounded annually. Note: Schools pay sale price in 10 equated annual installments.

 

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Penalty proceedings for default/late payment (Detailed process may shown overleaf).

 

  1. Issue of notice:

Notice is served on the allottee to pay the installment, penal interest @ 20% p.a. from the date the installment becomes due to the date it is actually paid along with penalty which may extend upto 10% of the amount due. The defaulter is required to pay the above within 15 days of issue of notice. He is also given the option to show cause in the court of the EO/AEO as to why the penalty should not be imposed and recovered.

 

  1. Continuation of default (first):

If the transferee/lessee continues to default on payment and also fails to appear in the court of EO/AEO he is issued another notice reiterating the details of the first notice and notifying to him the amount of penalty along with installment and penal interest to be paid by him within 3 months. This notice also mentions that failure to pay within the second deadline shall enable the EO to initiate proceedings to cancel the property

 

  1. Continuation of default (second):

If the default continues beyond the last date mentioned I the second notice, the EO sends notice mentioning details of the first two notices* and date for cancellation of property and the forfeiture amount.

 

  1. Appeal in Court/Re-appeal in Higher Court.

Appeals can be made by the defaulter in the court of Chief Administrator, Advisor, High /court and upto Supreme Court after the resumption order is given to him. In case he loses in a particular court, he has the right to re-appeal in a higher court. If defaulter wins the case or reaches a settlement, the case is disposed off and considered closed.

 

  1. Loss of appeal:

If the transferee/lessee is not able to provide sufficient cause for non-payment and loses appeal in all Courts, Estate Officer continues with the resumption proceedings, I.e. put case to EO (PP) for resumption and eviction. Note: In all 3 notices are issued wherein, the transferred/lessee gets reasonable opportunity of being heard without which no cancellation or forfeiture is made

 

  1. Hearing in Court of EO (PP):

EO (public premises) begins the eviction proceedings in which 3 further hearings are given to the defaulter before sealing the property. Eviction cases can be taken up by the District Court.

 

  1. Resumption:

If defaulter loses the case in all courts of law, the EO (PP) cancels the lease/allotment and forfeits the whole or part of the amount paid till date. The amounts deducted are interest, penal interest and forfeiture. The forfeiture amount is upto 10% of the total consideration money payable (inclusive of principal, interest and any other dues)

 

  1. Eviction:

After cancellation of lease/allotment the order of eviction is passed. The enforcement branch of EO then proceeds to evict the defaulter.

 

  1. Default/Late payment of ground rent (for leasehold properties): The penalty proceedings shall be similar for non-payment of installment except in such cases the following are different:
  2. Time for payment of Ground rent may be extended upto 6 months by the Estate Officer on further payment of penal interest @ 20% p.a. for the extended period.
  3. Under section 13 (3) in case of non-payment by the due date/extended date penalty to the extent of 100% of the amount of ground rent due may be levied.
  4. If the allottee still defaults in paying the ground rent the Collector is authorized to collect the outstanding ground rent under the Land Revenue Act.
  5. For cases of non-payment of ground rent for rehabilitation colonies, penal interest of 20% and penalty of Rs.50 per month are levied and notices sent accordingly.

 

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Re-transfer of Property.

 

  1. Re-transfer of property takes place in cases where the applicant re-applies for transfer of the same property owned by him previously, but which now stands resumed due to any of the following reasons:
  2. Non-payment of dues (lease premium, sale consideration, penalty, ground rent, etc)
  3. Building violation.
  4. Misuse of property.

 

Re-transfer is usually applied for when the allottee loses his appeal to prevent resumption in all Courts and does not have any other option to keep the property other than applying for re-transfer of the same

 

Applicant has to prepare a letter of application for re-transfer and a payment of one-third of the difference in market value and lease premium of property, along with following.

 

  1. For non-payment of dues: clearing of all previous outstanding.
  2. For building violation: removal of violation.
  3. For misuse of property: rectification of misuse.

 

Similar procedure as in case of a fresh allotment

 

Surrender of Property:

 

Applicant for allotment has the right to surrender the property after acceptance of allotment. In such cases the amount paid by him till such time will be refunded after the following deductions:

 

  1. Within 6 months and no possession taken: penalty of 2.5 % of premium along with interest on remaining premium from date of allotment to date of intimation of surrender.
  2. Within 2 years: penalty of 5% of premium along with interest on remaining premium from date of allotment to date of intimation of surrender. Right of appeal for reducing/waiving penalty vests only with Estate Officer.
  3. After 2 years: penalty upto 10% of premium along with interest on remaining premium from date of allotment to date of intimation of ssurrender. Right of appeal for reducing/waiving penalty vests only with CA.

 

Note: Penal interest @ 25% is levied on delayed payment

 

Violation of Zoning

 

Violations of zoning in residential buildings on all sides within the plot up to 3" (including cladding) shall be allowed on payment of composition fee @ Rs. 400 per sq, ft. However, if the violation is more than 3" then it shall be allowed on payment of composition fee @ 800 "per sq. ft, of excess coverage up to a maximum of 6" in houses governed by zoning plan and subject to the condition that the construction beyond zoning conforms to the Punjab Capital (Development and Regulation) Building Rules, 1952.(Dated: 26/02/2002)

 

Haryana Urban Development Authority is a prime agency of the State Government engaged in the planned development of urban areas in the state. It undertakes development of land after the same is acquired by the Govt. of Haryana through its Urban Estates department for specific land uses, like residential, Commercial and Industrial etc. in accordance with the provisions of the Development Plans of a particular area.

 

The Development Plans are got prepared and published by the Director Town & Country Planning Haryana , in exercise of the powers conferred by Sub-Section 7 of section 5 of the Punjab Scheduled Roods and Controlled areas ( Restriction of Unregulated Development ) Act, 1963.

 

After acquisition of land , a layout plan is prepared on the basis of a plane table survey of the acquired land, and in accordance with the norms & standards evolved by HUDA for providing a congenial living environment.

 

For the purpose of ensuring health and safety of the allottees and for proper aesthetics and a desirable street picture, Haryana Urban Development Authority( Erection of Buildings) Regulations, 1979 have been framed, which besides other design / Structural requirements, specify the proportion of the site which may be covered with building, F.A.R., Max. height etc. in the case of different types of buildings.

 

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What is the schedule of payment ?

 

The following is the payment schedule for residential plots allotted by draw of lots :-

 

10% of tentative cost of the plot to be paid as earnest money at the time of submission of application.

 

15% of the tentative cost of the plot to be paid within 30 days from the date of issuance of letter of allotment.

 

Balance 75% of the tentative price of the plot is payable within 60 days in lumpsum without interest from the date of issuance of the allotment letter or in six annual instalments with 15% rate of interest. The first instalment is payable after expiry of one year of the date of issue of allotment letter. The interest, on the remaining amount however, accrues from the date of offer of possession.

 

The interest @ 18% per annum is chargeable on the delayed payments for the delayed period as per existing policy.

 

How can you get the plot transferred ?

 

The following guidelines/policies for transfer of Residential and Commercial Plots allotted by HUDA are applicable w.e.f 7.03.2000

 

The transfer of residential / commercial plots wherein either full payment has already been made or laid down / Schedule of payment of instalments is over., whichever is earlier , shall be allowed only through execution of conveyance deed/sale deed. However, in other cases wherein full payment of the plot has not so far been made / Schedule of payment of instalments is not yet over, a maximum four trasfers shall be allowed before final payment.

 

For the purpose of determining the rate of transfer fee, various Urban Estates have been grouped into the following zones :-

 

1

High Potential Zone

Gurgaon, Faridabad, Panchkula 

2

Medium Potential Zone

Karnal, Panipat, Bahadurgarh

3

Low Potential Zone

Rest of the Urban Estates.

 

The transfer fee applicable in various zones are as under:-

 

Residential Plots

 

No.of Transfer

Transfer Fee

 

  High            Medium         Low
  Potential       Potential     Potential
   Zone              Zone            Zone

1st  Transfer

 75.00          60.00          40.00

2nd Transfer 

 75.00           60.00          40.00

3rd Transfer

 100.00          75.00          50.00

4th Transfer 

 100.00          75.00          50.00

 

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Commercial Plots

 

In cases where the Deed of Conveyance of the plot has been executed, transfer shall be permitted on payment of Rs. 5000/- as administrative charges and on production of a certified copy of Sale Deed. No limit of transfer in such cases has been prescribed.

 

The family transfer, as defined in the policy, includes father, mother, sons, daughters, sisters,brother husband,wife,daughter-in-law and son-in-law.Transfer of plot shall be allowed on payment of Rs. 5000/- as administrative charges. In case of built up houses, the transfer is allowed on payment of administrative charges of Rs. 5000/- and on production of certified copy of sale deed.

 

Addition or deletion of the name of spouse of the allottee shall be permitted on payment of administrative charges of Rs. 5,000/- but only on case of vacant plots and where deed of conveyance has not been executed.

 

In case of constructed house, the allottee will first get the Deed of Conveyance registered in his/her name, thereafter permission for transfer will be granted on payment of administrative charges of Rs. 5000/-

 

  1. In death case :- following documents are required:

 

  1. Attested copy of death certificate.
  2. No objection certificate from all legal heirs with photograph.
  3. Pay Order/Bank draft of Rs.5000/- as administrative charges in favour of Estate Officer, HUDA,concerned.

 

What are the documents required for transfer of plots ?

 

The seller is required to make an application on non judicial stamp paper worth Rs.3/- duly attested by the Ist class Magistrate with two witnesses and their complete addresses alongwith photostat copies of following documents :-

 

  1. Photostat copy of Allotment Letter.
  2. Photostat copies of receipts of payments made to HUDA.
  3. Photostat copy of Possession Certificate.
  4. Bank draft of required amount in favour of Estate Officer, HUDA, concerned.
  5. Two attestted photographs by Ist class Megistrate/Gazetted officer of seller and purchaser each.

 

The purpose of taking these documents is to know that the applicant who is putting an application for transfer of plot is genuine allottee of the plot.

 

Before applying for permission, the allottee must ensure that all dues/arrears have been cleared.

 

After verification/satisfaction of the Estate Officer, the permission shall be granted and Permission Letter shall be sent by registered post. The permission is allowed on certain conditions which are valid for 60 days only. In case the allottee fails to comply with the conditions within stipulated time, the Permission Letter stand automatically cancelled.

 

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What is the present extension policy ?

 

According to HUDA policy, the allottee is required to complete the construction of a Residential/Commercial plot within 2 years from the date of offer of possession. The offer of possession of plot is given after completing all the development works in the sector. Further provision of a further extension of time for construction upto 15 years has also been made on the following terms and conditions :-

 

A period of 15 years has been allowed to all the allottees for the construction of house after the expiry of normal period of 2 years from the date of offer of possession. Thus the new extension policy would be continues one and would not expire at the end of any calander year thereby giving equal opportunity of maximum 15 years extension to all the allottees.

 

The extension policy was introduced in HUDA for the first time during the year 1987. Therefore, the year of 1987 has been considered as the BASE YEAR for the purpose of extension policy.

 

Provided that in case of offer of possession made prior to 30.6.87, the year 1987 shall be considered as first year for the purposes of counting of extension period of 15 years.

 

The rates of extension fee for the period of 15 years w.e.f. from the calender year 1999 are given as under :-

 

Zone 

Urban Estate

High Potential Zone

Gurgaon, Faridabad, Panchkula

Medium Potential Zone

Karnal, Panipat, Bahadurgarh.

Low Potential Zone 

Rest of the Urban Estates.

 

Residential plots :- Rate per Sq.mtr.

 

Purchasing of Plot from Govt. Agencies in Urban Areas

 

  1. In Urban Areas of Haryana, the Haryana Urban Development Authority (HUDA) or Haryana State Industrial Development Corporation (HSIDC) or Improvement Trust or Housing Board etc. and licensed colonizers are the main agencies involved in development of residential, commercial, industrial, institutional plots/land. These Govt. agencies allot plots/built up houses etc. as per their policies by inviting applications and thereby allotting such plots through draw of lots or through auction. The allottee of plots have to comply with the terms and conditions prescribed in the allotment letters.
  2. The purchaser generally purchases such type of plots/built up houses in re-sale directly from the allottees of such property. The purchaser of such property has to face numerous problems if he is not aware about the Acts, rules and regulations as well as procedure of transfer of such property from one person to another person. Such property can only be transferred from one person to another person with the permission of the competent Authority under the respective Acts, Rules and Regulations. The plots allotted by HUDA are transferred under the HUDA Act, 1977 and the Regulations framed there under.
  3. The persons who want to purchase such property/plots originally developed and allotted by aforesaid Govt. agencies have to seek permission from the concerned authority for transfer of property. Before making advance payment or signing memorandum of understanding, the purchaser should get it verified from the concerned development agencies about the dues required to be paid by the seller of property and should also obtain No Encumbrance Certificate from the concerned authority. The purchaser should also get the genuineness of the seller verified at its own level. The genuineness of the seller can be verified from their identify cards/ ration cards/ driving license and voter identity cards etc. etc.
    After getting the plot transferred in the name of purchaser, the purchaser should get the building plan approved in his name and should get D.P.C. and Completion Certificates from the competent authority.
  4. In case built up property/buildings have been decided to be purchased by the purchaser, in that case he should obtain following original documents from the seller of the property :

 

  1. Allotment Letter in original;
  2. Building Plan approved by the competent authority;
  3. D.P.C. Certificate issued by the competent authority;
  4. Completion Certificate issued by the competent authority;
  5. No Encumbrance Certificate to be issued by the Govt

 

Allotment Agency, Civic Body and Haryana Vidyut Parsaran Nigam.

 

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Purchasing of Flats from the Members of Group Housing Societies

 

The Group Housing Societies registered under the Societies Registration Act, 1960 are governed by the Haryana Apartment Ownership Act, 1983. Generally, Builders gets the Group Housing Scheme executed at site by taking licence under the Haryana Development and Regulation of Urban Areas Act, 1975. After allotment of flats and on obtaining completion certificate, it is the liability of the licenced builder to execute declaration under the Haryana Apartment Ownership Act, 1983. The purchaser should verify the genuineness of the flat allottee and should also obtain No encumbrance Certificate from the Society before making agreement for purchase of a flat. The purchaser should verify the genuineness from the following documents :

 

  1. Validity and genuin-ness of the Licence of the Developer ;
  2. No encumbrance Certificate to be issued by the Developer and President of the Society;
  3. Approval of Building Plans;
  4. Completion Certificate issued by the competent authority;
  5. Succession Certificate (if original allottee is not alive).

 

Purchasing of Other Urban Property

 

If purchaser is purchasing urban property from a private person, who is not developed by aforesaid Govt. agencies, in that case following precautions are required to be taken care off :

 

  1. It should be verified whether the property in question does not involve the violations of the Haryana Development and Regulation of Urban Areas Act, 1975, the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 and the Haryana Municipal Act. Before purchasing such property, No Encumbrance Certificates are required to be obtained from the concerned Civic Body and Haryana Vidyut Parsaran Nigam.

 

If land in question is being purchased for non agriculture purpose specially for the purposes of setting up a colony or for obtaining CLU permissions etc. then for other points he can consult the “Haryana Town Planning Guide” along with related Development Plans which are available at this site.

 

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