High Court Issues stay order for Central Park 2
Central Park 2 Residents Welfare Association had filed a Writ Petition in the Chandigarh High Court against HUDA (Haryana Urban Development Authority) questioning various facts about the Central Park 2 project. This was post the various meetings and discussions held with the Senior Town Planner Gurgaon and the developer M/s Shweta Estate Pvt Ltd which did not result into any resolution. The key issues included non construction of Community Center & Nursery, conversion of Stilt Parking into apartments, division of colony by walls etc. In reply to the Writ Petition, HUDA had stated in court that the developer had submitted a revised building plan of the CP2 project for approval and the same was under consideration.
CP2RWA contested that a colony which was already approved in year 2006, the building plans should not be considered for revision. The Hon’ble high court has granted an interim stay stating in the order that
In the meantime, it is ordered that prayer of the developer for revising of the plan shall not be finalised
The next date of hearing is in December 2012.
For those who are not aware, the key facts of the case are:
a. The builder constructed Multi-purpose halls on rooftops of Tower 3 & 4. The area of the halls were added to the Super Area calculation of the apartment, therefore the cost of these halls was borne by residents. The halls were also mentioned in the conveyance deed (registry) of the apartment owners as common areas. Subsequently, instead of halls being made available to the RWA, attempt is being made to convert the halls into apartments (or add halls to penthouses) and sell them off. CP2RWA had requested HUDA to prevent this but no action was taken, forcing CP2RWA to file a Writ Petition.
b. All towers of CP2 had stilt parking in the plans that were approved in the year 2006. However, when possession was offered from end 2010 onwards, it was found that Stilt parking had been removed and 2 apartments made on the ground floor. Due to this, there are no visitors parking slots at the ground level in Central Park 2, causing great inconvenience to everyone.
c. Occupation certificate was issued despite mandatory facilities such as community center, nursery school, EWS quarters not being constructed.
d. Owners of over 400 apartments paid Rs. 1 Lakh towards Club Membership charges as per the apartment buyer agreement. However, the builder hasn’t constructed the club yet. In addition, builder has changed the heading from ‘Club Membership charges’ to ‘Club Infrastructure and Development charges’. This change has allowed the builder to retain the over Rs. 4 crores collected for a clubhouse that hasn’t been constructed instead of passing over the funds to the RWA as club membership funds.
There are many such issues highlighted in the Writ Petition wherein HUDA has failed to take decisive action to the satisfaction of CP2 residents. Members of Central Park 2 RWA are now hopeful that the matters will be resolved speedily at the court.
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