Central Government Employees Welfare Housing Organization

Janpath Bhawan (6th Floor) ”A” Wing , Janpath Lane New Delhi - 110 001.

Ph -(011) 23739722/ 23717249/ 23355408                Fax: (011) 23717250

Website: www.cgewho.nic.in                E-mail: cgewho@nic.in

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A-308/3                                    BY POST                                  Date: 14/03/2007

 

To,

Shri S K Goyal,

Information Seeker


Subject : Request for information under RTI Act 2005 – Execution of Sub-lease deed, Phase-I, Kendriya Vihar, Gurgaon.

 

Reference: Your letter dated 02/03/2007.

Sir,

         

This has reference to your letter dated 02/03/2007 {received in our office on 05/03/2007} in connection with the captioned subject. Para wise replies are given below:

 

1.      (i)HUDA collected payments (during 1998-2000) from CGEWHO towards enhanced compensation of land allotted to CGEWHO(GH-49, Sector-56, Gurgaon). Later, the enhanced compensation became NIL i.e. NOT PAYABLE as per ORDER of the Hon’ble Punjab and Haryana High Court. Thus, amount deposited on a/c of enhanced compensation became refundable to CGEWHO with interest(so claimed) which are not forthcoming as yet. (ii) Refund is also due on a/c of offering us One year interest moratorium, on conversion factor and method of the adjustment of payments etc. Three important DO letter(s) from JS (Housing)/ M/o Housing & Urban Poverty Alleviation to Senior official of the Haryana state are enclosed {at annexure-1 to 3 of 13 pages}.

 

(ii) As regards the “enhanced compensations of land”, the matter was under consideration with the Estate Officer, HUDA-Gurgaon as per the ORDER/DIRECTIVE of the Hon’ble Punjab & Haryana High Court {copy enclosed at annexure-4 of 2 pages}. Time allowed by the Hon’ble Punjab and Haryana High Court is now over on 25/02/2007 and we are in the process to initiate contempt action against HUDA Officials in consultation with our legal advisor. CGEWHO’s letter(s), issued to HUDA for compliance of the Hon’ble Court’s ORDER, are enclosed {at annexure-5 to 6 of 2 pages} for information. (ii) After persuading & protracted correspondences with HUDA for more than three years, we are now filing another case before the Hon’ble Punjab & Haryana High Court towards our claim of moratorium. Copy of document forwarding letter to our Project Manager at Panchkula is enclosed {at annexure-9 of 1 page}

 

2.      The land acquired for CGEWHO’s Gurgaon Project is NOT on leasehold basis, rather it is freehold land allotted by the state land developing authority i.e. Haryana Urban Development Authority(HUDA). So, the title deed to be registered in favour of CGEWHO may be called ‘CONVEYANCE DEED’ and individual ownership deed will be called ‘RECONVEYANCE DEED’ / ‘CONVEYANCE DEED for Apartment’ or ‘DEED OF APARTMENT’ as per Haryana Apartment Ownership Act. Phase-I and Phase-II of CGEWHO’s Gurgaon Project was built on the same plot of land (GH-49, Sector-56, Gurgaon) and possession of flat(s) were handed over after completion. So, transfer of land will be done through a single conveyance deed and then registration of individual deed will be executed and registered with local sub-registrar’s office at Gurgaon after payment of stamp duty to Haryana State Govt. as applicable at the time of registration. Both the case(s) are being filed at the Hon’ble Punjab and Haryana High Court at Chandigarh.

 

3.      President, Governing Council, CGEWHO & Secretary, M/o Housing & Urban Poverty Alleviation, Nirman Bhawan, New Delhi-110 011.

 

4.     On formation of Apartment Owners’ Association (AOA) and its registration, the AOA becomes a legal entity itself. CGEWHO take such AOA into confidence in its decision making process concerning their matter/project. The process of execution & registration of land as well as individual ownership deed appurtenant to ‘Kendriya Vihar, Gurgaon’ has been kept in abeyance awaiting the refund from HUDA towards reduction of enhanced land cost etc. On a request made by the then representatives of KVAOA in a meeting held on 27/09/2002 in the O/o CEO,CGEWHO that the Organization {working on NO PROFIT NO LOSS basis} may loose its claim of the major amounts due to be refunded, in case the deeds are executed before settling the claims with HUDA. Letter(s) issued in recent past to Estate Office, HUDA-Gurgaon and as well to KVAOA, Gurgaon are enclosed {at annexure-7 to 8 of 2 pages}.

 

2.       We have received the fees of Rs.100/= thr. DD No.683877 dated 19/02/2007 under RTI Act 2005 enclosed along with the application. For further clarification, you are free to contact undersigned on working days during office hours and not required to remit any fees concerning on this matter/issue.

 

3.       It is informed that the RTI Act provides you right with respect to review the decision as to the amount of fees charged or the form of access provided. Therefore, in case you want to go for an appeal in connection with above, you may appeal to the Appellate Authority indicated below within thirty days from the date of issue of this letter.

 

Shri N K Wadhwa,

Director-Administration & Appellate Authority (RTI),

CGEWHO-HQ, 6th Floor, ‘A’-Wing,

Janpath Bhawan, Janpath,

New Delhi-110 001.

Tel No. 011 23717249/23355408

Fax No. 011 23717250

E-mail Address: cgewho@nic.in

                                                                                                                               Yours faithfully

 

Encl. : Annexure-1 to 9

 of 20 pages.

 

(M  K  Maity)

Dy. Director-Admn. &

APIO(RTI)/CGEWHO-HQ

Tel. No. Tel No. 011 23717249/23355408

E-mail Id : cgewho@nic.in

Copy to: 1. Appellate Authority