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  • Recalculation of Compensation Amount - Huda/HSVP has recalculated the compensation amounts in accordance with the revised policy dated 22.08.2019. Courts have directed HSVP to re-assess enhanced compensation based on this policy, and in some cases, the exercise has been completed with calculation sheets to be provided to petitioners. The process is ongoing, and petitions have been disposed of after statements from HSVP representatives confirmed the recalculations. ["BIMLA DEVI AND OTHERS Vs STATE OF HARYANA AND OTHERS - Punjab and Haryana"], ["BIMLA DEVI AND OTHERS Vs STATE OF HARYANA AND OTHERS - Punjab and Haryana"], ["BIMLA DEVI AND OTHERS Vs STATE OF HARYANA AND OTHERS - Punjab and Haryana"], ["BIMLA DEVI AND OTHERS Vs STATE OF HARYANA AND OTHERS - Punjab and Haryana"], ["BIMLA DEVI AND OTHERS Vs STATE OF HARYANA AND OTHERS - Punjab and Haryana"]

  • Policy Implementation and Settlements - HSVP has issued instructions, notes, and policies (e.g., dated 06.03.2019, 05.03.2019, 11.08.2016) to facilitate re-allotments, transfer of plots, and settlement of dues. These policies enable applicants to respond to new advertisements, apply for re-allotments, or seek refunds of earnest money with interest, depending on their eligibility and prior applications. Several petitions were withdrawn or disposed of based on these policy provisions and settlement agreements. ["BIMLA DEVI AND OTHERS Vs STATE OF HARYANA AND OTHERS - Punjab and Haryana"], ["VINOD KUMAR Vs STATE OF HARYANA AND ORS - Punjab and Haryana"], ["BIMLA DEVI AND OTHERS Vs STATE OF HARYANA AND OTHERS - Punjab and Haryana"], ["HARYANA URBAN DEVELOPMENT AUTHORITY & 2 ORS. vs RAKESH ARYA - Consumer National"], ["DINESH KUMAR vs STATE OF HARYANA AND OTHERS - Punjab and Haryana"]

  • Payment and Dues Adjustment - In multiple cases, outstanding dues, including demands of amounts like Rs.1,04,814/-, have been settled or adjusted with the submission of revised building plans or through policy-based adjustments. Orders have been modified to reflect correct dues and avoid unnecessary payments, with some petitions withdrawn after settlement. ["HSVP vs GAGAN VASHISTH - Consumer State"], ["BIMLA DEVI AND OTHERS Vs STATE OF HARYANA AND OTHERS - Punjab and Haryana"], ["HSVP vs GAGAN VASHISTH - Consumer State"]

  • Procedural Clarifications and Rights - The courts and authorities have clarified that applicants can respond to new policies, apply for re-allotments, or seek refunds based on their application history and eligibility criteria. Petitions related to plot exchanges or allotments are often disposed of as infructuous when no allotment was made or when policies apply only to specific cases. ["BIMLA DEVI AND OTHERS Vs STATE OF HARYANA AND OTHERS - Punjab and Haryana"], ["BIMLA DEVI AND OTHERS Vs STATE OF HARYANA AND OTHERS - Punjab and Haryana"]

Analysis and Conclusion:Huda/HSVP has actively recalculated compensation and settled dues in line with revised policies, notably the policy dated 22.08.2019. Courts have directed HSVP to ensure proper re-assessment and transparency, leading to disposal or withdrawal of petitions once settlement or recalculation is confirmed. The policies provide applicants avenues for re-allotment, transfer, or refund, emphasizing procedural clarity. Overall, the focus is on ensuring fair compensation and adherence to updated policies, with ongoing implementations and settlements documented across the references.

HSVP Recalculates Amounts Under 2019 Policy: Key Insights

HUDP/HSVP Recalculates Amounts: Impact of 2019 Revised Policy

In the realm of urban development and concession agreements in Haryana, a significant development has emerged: HUDA (now known as HSVP or Haryana Shehri Vikas Pradhikaran) submits that the amount has been recalculated in view of the revised policy dated 22.08.2019. This adjustment is pivotal in ongoing disputes involving concession agreements, termination notices, and compliance obligations. For stakeholders, developers, and affected parties, understanding this recalculation is crucial, as it may reshape financial liabilities and legal strategies. This post breaks down the key points, legal context, and broader implications, drawing from court documents and related cases.

Background on the Recalculation

HUDA's recalculation stems from a revised policy issued on 22.08.2019, which provides a new framework for assessing amounts owed under existing agreements. This is particularly relevant to disputes over Concession Agreements dated 9 December 2009 and 3 January 2013. Rapid MetroRail Gurgaon Limited Etc. VS Haryana Mass Rapid Transport Corporation Limited - Supreme Court

This recalculation isn't isolated; it reflects broader policy shifts in Haryana's urban development landscape, where revised guidelines aim to align financial computations with current standards.

Legal Context: Termination Notices and Obligations

The disputes trace back to specific actions under the Concession Agreements:

  1. RMGL's Termination Notice: Issued on 7 June 2019, effective after 90 days, citing HSVP's non-fulfillment of obligations, especially divestment verification. Rapid MetroRail Gurgaon Limited Etc. VS Haryana Mass Rapid Transport Corporation Limited - Supreme Court
  2. RMGSL's Parallel Notice: Similar grounds under the 2013 agreement, emphasizing handover formalities. Rapid MetroRail Gurgaon Limited Etc. VS Haryana Mass Rapid Transport Corporation Limited - Supreme Court

These notices underscore tensions around compliance. Courts have repeatedly examined such issues in HSVP-related matters. For instance, in a petition seeking mandamus for recalculation of enhanced compensation, it was noted: that the amount has been recalculated in view of revised policy dated 22.08.2019. BIMLA DEVI AND OTHERS Vs STATE OF HARYANA AND OTHERS

Additionally, HSVP's internal instructions, such as those on 4.12.2015 regarding reservations for oustees (12% for plots 8 marla and above, 10% for smaller), highlight policy evolution affecting allotments and costs. GAJRAJ SINGH AND ANOTHER vs AJIT BALA JOSHI AND OTHERS

Implications of the Revised Policy Dated 22.08.2019

The 2019 policy introduces a fresh basis for calculations, potentially reducing or adjusting prior demands:

This shift has ripple effects. In related litigation, courts have directed entitlements based on specific communications, such as those dated 20.08.2021 and 23.08.2021, overriding earlier figures like Rs. 7,66,215/- from 2015 letters. Petitioners were held entitled to policy benefits. JASPRIT SINGH AND OTHERS Vs THE ESTATE OFFICE AND OTHERS

Furthermore, HSVP policies on plot transfers, like the memo dated 05.03.2019, demonstrate a pattern of updates influencing allotments and obligations. GEETA GUPTA Vs THE STATE OF HARYANA AND OTHERS

Insights from Related HSVP Cases

Judicial scrutiny of HSVP actions provides context for the 2019 recalculation:

While some sources touch on unrelated areas like mining e-auctions—where courts quashed notices issued without environmental clearance, stressing policy compliance before action Jai Gajanan Shri Gajanan Building Material Suppliers VS State of Maharashtra - 2022 Supreme(Bom) 14Jai Gajanan Shri Gajanan Building Material Suppliers VS State of Maharashtra, In the Ministry of Revenue and Forest - 2022 Supreme(Bom) 354—the HSVP-specific cases reinforce that revised policies must be applied judiciously to avoid disputes.

Other matters, such as NCTE appeals or anticipatory bails, illustrate broader themes of policy enforcement but are less directly tied here. Lalit Narayan Mithila University VS National Council For Teacher Education - 2020 Supreme(Pat) 516Sandeep Mitter VS State Of Punjab - 2020 Supreme(P&H) 1618

Practical Recommendations for Stakeholders

Parties involved in similar disputes should consider:

  • Detailed Policy Review: Scrutinize the 22.08.2019 policy's provisions and their retroactive or prospective application to current obligations.
  • Anticipate Challenges: Prepare for litigation over recalculated amounts, ensuring documentation of compliance with termination notices and handovers.
  • Seek Timely Action: Adhere to limitation periods, as delays in revisions or appeals can bar relief. HUDA Now HSVP VS Rajesh Jindal

Conclusion and Key Takeaways

HUDA/HSVP's recalculation under the revised policy dated 22.08.2019 marks a critical juncture in concession agreement disputes. It potentially resolves compliance issues raised in termination notices while signaling policy-driven fairness in financial obligations. Key takeaways include:

Disclaimer: This article provides general information based on public legal documents and is not intended as specific legal advice. Consult a qualified attorney for advice tailored to your situation. Policies and interpretations may vary, and outcomes depend on individual facts.

References:- Rapid MetroRail Gurgaon Limited Etc. VS Haryana Mass Rapid Transport Corporation Limited - Supreme Court- BIMLA DEVI AND OTHERS Vs STATE OF HARYANA AND OTHERS- GAJRAJ SINGH AND ANOTHER vs AJIT BALA JOSHI AND OTHERS- JASPRIT SINGH AND OTHERS Vs THE ESTATE OFFICE AND OTHERS- GEETA GUPTA Vs THE STATE OF HARYANA AND OTHERS- RAM PARKASH ARORA vs AJIT BALA JOSHI, CHIEF ADMIISTRATOR, HSVP AND OTHERS- HUDA Now HSVP VS Rajesh Jindal- Jai Gajanan Shri Gajanan Building Material Suppliers VS State of Maharashtra - 2022 Supreme(Bom) 14- Jai Gajanan Shri Gajanan Building Material Suppliers VS State of Maharashtra, In the Ministry of Revenue and Forest - 2022 Supreme(Bom) 354- Lalit Narayan Mithila University VS National Council For Teacher Education - 2020 Supreme(Pat) 516- Sandeep Mitter VS State Of Punjab - 2020 Supreme(P&H) 1618

#HSVP #RevisedPolicy #LegalInsights
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