The Addressee # 1 the Ld. Administrator

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The Addressee # 1 The Ld. Administrator HUDA Sector 12 Faridabad

The Addressee # 2 The Ld. Commissioner, Municipal Corporation, NIT Zone, Faridabad

Sub: Issue Of Part Completion/Occupation Certificate

1 Property: Plotted House # 430/1A, Sector 21B, Faridabad, Plot Allotted To Eng Suraj Singh & Ms Sumitra of 3373, Delhi Gate, New Delhi 110002, on 1.7.1989.

2 Request: For Redressing Grievances In Connection With The Pending Issue Of Part Completion Relating 25% Mandatory Ground Coverage Construction, Completed In Year 2000. Application For Occupation Certificate Was Filed With The Office Of MCF Faridabad On 29.12.2000 Vide Diary Reference 58.

3 The Office Of MCF Requires The Office Of HUDA Register One FIR For ‘MCF’s Untraceable Completion File Sent To The office Of HUDA On 27.9.2001 For Directions’. HUDA Office Missed The Completion File As Reported ‘Not Available’ By The Survey Section. FIR Has Not Been Registered As The Search For The File Has Been On Since Year 2001 !!!!. File Traceability Is Now Unforeseen.

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Applicants: This request is addressed to the authorities as indicated above & filed with the respective offices of the HUDA & the MCF jointly by the owners Eng Suraj Singh & Ms. Sumitra, both residing at house # 430/1A, Sector 21B, Faridabad. (Deed of Conveyance Executed By HUDA on 15.7.2008)

Dear Ld. Sirs,

Shewath,

Submission Para: 1 We, named as Suraj Singh & Sumitra, son & daughter of Late Shri Shyam Lal respectively, the following deponent signatories, the joint owners of the said plot, move this application for the resolution of Issue of the part Completion / Occupation Certificate post construction of the 25% ground permissible coverage on the said plot. In this connection, we make the following submissions for the joint consideration by the offices of the Ld. Administrator of HUDA Faridabad & the offices of the Ld. Commissioner Municipal Corporation Faridabad since, the Ld. Joint Commissioner MCF could not successfully resolve the foregoing Issue of part completion due to the requirement of FIR for the missing file.

Brief History: Allotment: 2 That the said plot was allotted to us through office of the HUDA approved official transfer on 1.7.1989. Kindly refer to A/21B/89/430 dated 1.7.1989.

Construction: 3 That the required 25% permissible ground coverage construction of the plot was carried out during year 2000 after payment of the required extension fee according to the HUDA policy & that the No Due Certificate was issued to us by HUDA prior to the construction.

Application for Occupation Certificate: 4 That the application for obtaining the Occupation / part Completion Certificate was filed with the MCF vide MCF diary reference 58, dated 29.12.2000.

Post Application Memo: 5 That we were issued one memo by MCF in Feb 2001 vide MCF/2001/379 dated 7.2.2001 to deposit certain bye laws violation penalties in connection with compoundable violations & also to reduce the size of a toilet constructed in the rear open area even after paying the penalty.

Post Application Follow up: 6 6A According to MCF Memo MCF/2001/379 dated 7.2.2001, the violation was being charged only for part area 11.24 sqft & not for the 36 sqft constructed that required demolition of the toilet & then reconstruction that had no feasibility logic. We requested MCF to approve the toilet.

6B The issue of a toilet of 36 sq ft coverage constructed in rear open area was partly compoundable. We had accessed to the then Ld. Administrator of HUDA & the Ld. DTP of HUDA in connection with the specific fixation of the particular zoning keeping in view the odd size of the plot which being irregular trapezoidal. Application for the special zoning was filed with the office of Ld. HUDA dated 16.3.2001 & copied to the Ld. Estate officer HUDA as well as with the office of Ld. Joint Commissioner MCF further copied to the Ld. AE Survey dated 16.3.2001

6C We perused the specific rezoning case with the then HUDA officials many times but nothing moved progressively while we were told unofficially that the case had been referred to certain departmental committee for a final decision on specific zoning. The decision never came from the office of HUDA. It is reminded that the plot is shaped trapezoidal with dimensions75.5’ in front & 26.5’ in rear & 90’ deep that being too inconsistent for a good design. Rezoning was a particular requirement.

6D In consequence of the said application, we were handed letters by HUDA allowing ‘No Objection’ to MCF to compound the additional construction which letters were delivered to MCF Ld. Commissioner personally but, the then MCF Ld. Commissioner condoned the said letters. The copies of the said letters are available in the file with HUDA, one issued from Ld. Administrator & the other from Ld. DTP. Our request for the rezoning was also not considered by the office of HUDA either, as well as not even responded by HUDA till date. That we raised our certain request with MCF to have a revision of the penalty order in line with HUDA letters, in consequence of that, MCF Ld. Joint Commissioner had forwarded to HUDA on 27.9.2001 the relevant file of ‘Issue of Completion’ seeking formal advise/directions from HUDA respecting the issue of the Non Compoundable Violations of toilet.

Post Application Follow up: 7 We reached the office of MCF for the pending Issue of completion many times & were told every time that the file was still pending for making a decision with the office of HUDA. Of late, we requested again to MCF vide JCT diary reference 1176 dated 27.3.2008 consequent upon which, we were asked orally to get a’ No Due Certificate’ from the office of HUDA for furtherance of the consideration of the already filed application for the Issue Of the Occupation Certificate.

Post Application Follow up: 8 That we applied for the ‘No Dues Certificate’ to the office of HUDA with an understanding that the house had already been constructed in year 2000 to the required extent of 25% of permissible coverage on ground floor that should not cause any problem for the Issue of ‘No Dues certificate’.

Post Application Follow up: 9 The HUDA office processed the request & at last, an oral demand was raised by the office of HUDA to deposit an additional extension fee up to this year 2007/2008 from year 2001. On this issue, the Ld. Accounts Officer & the Ld. DDA differed in their opinions whether or not, to charge more extension fee. We were compelled to deposit the required amount rupees 390,650 on 2.5.2008. Then an updated ‘No Due Certificate’ was issued by HUDA on 14.5.2008. Updated No Due Certificate HUDA Reference Memo 24823 dated 14.5.2008)

9A That we filed a copy of the No Due Certificate vide MCF JCT diary reference 1742 dated 14.5.2008 requesting MCF further action for granting the pending Issue of part Occupation / Completion Certificate.

Post Application Follow up: 10 That we filed to record a ‘protest application’ on this account on 15.5.2008 vide HUDA diary 8505 with the Ld. Estate Officer in response to that, we have not received any reply whether or not, HUDA shall make any refund. On our inquiry with the dealing official in this connection, we were advised to file an appeal with the Ld. Administrator HUDA which we followed by submitting a petition on 30.6.2008 vide HUDA diary reference 4194 dated 1/7/2008 being marked to Ld. DDA by the Ld. Administrator. The decision for the refund to us of the extension fee additionally charged by HUDA for the period 2001 to 2007 is still pending with HUDA.

House tax & Extension policy: 11 That we have been paying the House Tax regularly since the construction of the house & also received the updated ‘No Due Certificate’ from the Municipality Water Supply & House Tax Division.

11A HUDA Extension Policy: That there is no policy on the HUDA website confirming that the extension fee is payable up to the time, an Occupation Certificate is issued. The policy is clear that the extension fee shall be charged only up to the time when the plot is approved for construction for at least 25% ground coverage, construction is executed & the application is filed for the Issue of Occupation Certificate. We had completed the required sequences on 29.12.2000 by registering the application reference MCF 58 dated 29.12.2000. No more extension fee should have been charged after this date according to the HUDA policy published on internet. But we paid rupees 390,650.

Post Application Follow up: File Not Traceable : 12 That we inquired the MCF Ld. Joint commissioner office about the progress on the pending ‘Issue of completion’ file. We were informed orally that the file is still not available with them as the office of HUDA did not return the file.

12A In this connection, we filed a special application with the office of HUDA vide diary 3509 dated 27.5.2008 that ‘the vide office of MCF reference 1171 dated 27.9.2001’ sent to HUDA ‘Issue of Occupation’ file should be returned to the office of MCF immediately.

12B That the Office of MCF Ld. Joint Commissioner also sent a letter to the office of HUDA Vide MCF/AE (SURVEY)/07/306dated 17/06/08 requesting the Ld. Estate Officer of HUDA Faridabad to send back the file to the office of MCF immediately for the further proceedings on the Issue of completion to the plot holder.

Post ‘Special Application’ Follow up: Completion File Not Traceable: 13 That on 20.6.2008, the Sub Divisional Engineer Survey section of HUDA responded in writing to us under copy to MCF Ld. Joint Commissioner that the required file is not available on records with HUDA while we were advised to contact the MCF Ld. Joint Commissioner for further action on the Issue of Completion/Occupation. Kindly refer to letter 2548/2849 dated 20.6.2008 from Survey section addressed to us & copied to the Ld. Joint Commissioner MCF respectively.

Post Application Follow up: File Not Traceable: 14 Based on the office of HUDA Survey Section response letter, the MCF Ld. AE/SDO (Survey) concerned Eng Dharam Singh also prepared / constructed a duplicate file for perusal of the Issue of completion but the Ld. Joint Commissioner raised, by noting on the file, an

observation whether or not, the office of HUDA lodged any FIR as well as on what basis the extension fee up to the current year has been charged when we have been paying the house tax regularly. The MCF Ld. Joint Commissioner during our presence noted on the file dated 24.6.2008 instructing the MCF Ld. AE (Survey) to ask HUDA for the FIR status before any further action could be taken on the Issue of part Completion.

14A The Ld. Joint Commissioner of MCF sent another letter to the Ld. Estate Officer HUDA on 8.7.2008 vide reference FNN/JCT/2008/156/8.7.2008 further requesting to have the MCF immediately informed whether or not, any FIR has been registered in case the completion file is whether missing or lost. In response to this letter, the HUDA responded vide reference 3030 dated 17.7.2008 that the file is missing, search is on & no FIR has been registered by HUDA.

15 Our Concerns: 15A That we have been suffering on one end for the non availability with us of the Issue of the Occupation Certificate even after many years of physical construction respecting 25% coverage on ground floor & on the other end, we have also made out of rule payment for undue additional extension fee of heavy amount to an extent of rupees 390,650 to HUDA for none of our fault. Both the statutory authoritative bodies HUDA & MCF have sand witched us for none of our fault.

15B That we are unable to submit the proposed new plans for the construction of remaining percentage of additional coverage up to 60% nominal of the plot area. The new plans cannot be submitted without the part completion certificate is released to us by the relevant authority.

15C We rightly understand that it is not our fault if the file sent in year 2001 from the office of MCF to the office of HUDA has not been returned by the office of HUDA even after many years.

15D Why should we suffer for the file being not retractable by the office of HUDA while the MCF requiring the office of HUDA for registering an FIR with the police?

15E We have submitted all the required copies of involved necessary documents that we could successfully trace from our records, to the office of Ld. AE MCF to facilitate the construction of a duplicate file but that has been unacceptable to the MCF Ld. Joint Commissioner just requiring information on FIR whether or not registered, or now could be registered & informed.

15F It is not our fault that the then in 2001 Ld. Commissioner of MCF did not accept the letters issued by the Ld. DTP & the Ld. Administrator of

HUDA relating to allowing compounding additional coverage. Condoning those letters, the MCF sent the foregoing file to the office of HUDA.

15G There was no justifying reason that the MCF Authority condoned those letters handed by us to the Ld. Commissioner in person.

15H It is also not our fault that the present MCF Ld. Joint Commissioner did not value/regard the letter issued by the HUDA Survey section informing that the file is not available? Also the second letter reference 3030 dated 17.7.2008 has not been regarded by the Ld JCT MCF allowing the acceptance of the duplicate file for processing the Issue of Completion.

15I That, we have suffered immensely for many years by the office of MCF not issuing to us the 25% Completion / Occupation Certificate. The MCF past authorities never sent any reminders to the office of HUDA requesting to send the file back to the office of MCF given with their decisions or recommendations.

15J Neither, the office of HUDA had any concern for the involved file to be returned back to the office of MCF even if no decision by the office of HUDA could be reached. It is we that have suffered at the hands of both the authoritative bodies HUDA & MCF.

16 Our Request & Anticipation: We therefore, humbly request both authoritative bodies HUDA & the MCF to resolve the Issue of FIR jointly whether or not, it is essential to be registered so that the further process of the Issue of the Occupation Certificate be completed. The duplicate file has been compiled by the present Ld. AE/SDO Survey MCF Eng Dharam Singh & there should be no harm should the further process could be completed based on that file. And, should the registration of the FIR be considered essential under the rules, kindly, that should be affected at an earliest so as we get the part Occupation Certificate ASAP. In case, the MCF is unable so to do going with the process of Issue of Completion, the authority HUDA should now onwards, further the process respecting the pending Issue of Occupation for our convenience as we have experienced great inconvenience at the handling of the Issue by the MCF.

Our Request & Anticipation: 17 Considering the foregoing explanations, we hope that both the bodies HUDA & MCF shall look into the raised concerned jointly & cooperatively so that we would be further allowed to proceed for the new construction after by the resolution of the Issue of long pending part Completion / Occupation Certificate. Execution of the Deed of Conveyance was done dated 15.7.2008. In no case, should we be held responsible for the

delay respecting the Issue of the Occupation Certificate as we had filed the application on 29.12.2000 vide MCF diary reference 58.

17A We, the owners of the property in question do not think it appropriate that the MCF should wait for the recovery of the original file which recovery is definitely unforeseen for it could not be found in seven years. Moreover, the Issue of Completion file is not designated or categorised as a Classified Record . It can easily be written off the records by replacing with the Duplicate File records.

17B Not allowing the Duplicate File by the MCF shall amount to shear harassment to us & the undue delay for the approval of the Occupation Certification. We cannot be held responsible for the incompletion of the Occupation process since year 2000. The problem of resolving the Issue of the missing file is between the HUDA & the MCF. We are not supposed to suffer on this account. We expect an immediate approval of the Occupation Certificate. The Extension Fee also has been charged from us unrightfully that should be refunded to us without any delay.

Attachments:9 sheets (Memo, File retrieving correspondences) 18 That the above submissions have been based on the documents referred to & the remaining facts to the best of our knowledge. For the reference of the Ld. Administrator HUDA, relevant copies of the letter sent by the Ld. Joint Commissioner MCF to the office of Estate Officer HUDA & by us to the office of Administrator HUDA alongwith the response received from the Sub Divisional Engineer office of the HUDA Survey section announcing the non availability of the required completion file with no FIR on record, have been attached herewith for the reference.

18A The request is kindly submitted for the considerable action by both the authoritative bodies. Expected an earliest resolution on the Issue of part Completion.

Thanks a lot indeed for your kind attention & due regards

1 Eng Suraj Singh PE Registered Professional Engineer Columnist www.hindtoday.com Mobile 9810610718/9810088592(Dr. Mala Saini) 430/1A, Sector 21 B, Faridabad 2 Ms Sumitra Mobile 9818812989 430/1A, Sector 21 B, Faridabad

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