After failing to get any relief from the Town and Country Planning (TCP) Department , HUDA and the District Administration, the residents of Mayfield Gardens have pegged their hopes on the office of the Haryana Lokayukta, who in a sudden move decided to visit the Colony along with concerned officials, to take stock of the actual conditions. Justice Pritam Pal, who is the Lokayukta of Haryana, decided to inspect the Colony after repeated complaints filed by Sheetal Welfare Association, led by Commander Dharamvir Yadav, failed to get any resolution from either the authorities or the builders. While the builders have failed to deliver on their promise of completing the infrastructure projects that have been languishing in Mayfield Gardens for the last two decades, their licences were restored by TCP (after being revoked earlier). The Haryana Lokayukta visited Mayfield Gardens on April 19 to carry out an on-the-spot assessment of the Colony and to investigate the complaint filed by the RWA. Commander Yadav tells Friday Gurgaon that the Lokayukta has directed the HUDA Chief PC Meena to investigate the reasons that led to the failure of the holistic development of this Colony. Under the provisions of Section 14 of the Haryana Lokayukta Act 2002, the Lokayukta also asked Meena to find a workable solution, so that the problems being faced by the residents of the area are resolved. He was also asked to submit a report within 15 days to the Lokayukta’s office, which will decide the future course of action.
Mayfield Gardens residents, who have been suffering due to poor water, power and sewerage infrastructure since the inception of the Colony, assert that the move of the Lokayukta to visit the Colony has sent a great message of hope, and they see a resolution of their problems in the next few months. Commander Dharamvir alleges that despite the above Project being launched in 1994, the developers have failed to provide even basic amenities like electricity, drinking water, roads, sewerage, drainage disposal and street lights - thus virtually forcing the residents to live in slum-like conditions. Yadav says that the major violation in Mayfield Gardens is the complete disregard of the Service Plan Estimate, which every builder has to give - detailing the infrastructure and scope of work. Based on this Plan, bank guarantees are furnished and all works in a colony are to be executed as per this Service Plan. “In the case of this Colony, most of the work has been grossly deficient and has deviated from the Plan. When these deficiencies were reported to Director TCP, he issued notices to the builders, who however never complied with the directions - as there seems to be complicity,” asserts Yadav. On 30th May, 2011 after failing to get any relief from all concerned departments, the Sheetla RWA had complained to the Lokayukta Haryana. They specifically mentioned that Director General (DG) T.C. Gupta had failed to take action against the builders and misused his official position to favour the builders. During the course of the hearings, the DG, TCP, allegedly realising that he could be cornered by the Lokayukta, decided to cancel all the licences of the developments in the Mayfield Gardens project. Consequently, the HUDA Administrator was made the Chairman of a committee and asked to work out the completion of the deficient work. Yadav says that the work was to be done by the government, by recovering the cost from the builders - by auctioning the unsold land and plots, for which directions were also issued to the Deputy Commissioner, Gurgaon. The builders, fearing prosecution, and under the threat of losing their bank guarantees, went for an appeal to the higher authorities and managed to get the cancellation of their licences revoked - by promising to complete all the deficient work and setting up the necessary power infrastructure. Yadav says that despite the reinstatement of their licences, the builders continued their wayward ways and ultimately reneged on the promises made to the government and the residents. It was after seeing this lackadaisical attitude of the builders and authorities, that Justice Pritam Pal passed an order on April 16, ordering an inspection to be conducted in the Colony by him, along with concerned officials and representatives of the builders. The Lokayukta, Haryana, carried out an assessment of the internal development works on the site, along with TCP, HUDA, HPVN & DHBVN officials and the builders. He observed that the internal development works have not been carried out as per approved Service Plan estimates and there exist deficiencies and deviations in the laying of a water supply scheme, sewerage and storm water drainage vis-a-vis the design statement of the approved Service Plan estimates. The Lokayukta also found that the laying and carpeting of roads has not been done in a major part of the Colony. The existing roads are in a completely bad shape, with huge potholes everywhere. The maintenance of internal services - as per approved Service Plan estimates for 10 years as per HUDA norms, including resurfacing of roads after the first five years and 2nd phase after 10 years - has not been done. The builders have not installed the required electrical infrastructure as per the Nigam’s design, drawing and specs, and the system has not yet been handed over to the Nigam. Presently the system is not being maintained either by the builders or by DHBVN. During the inspection Justice Pritam Pal also observed deficiencies in the electrical infrastructure - the doors of feeder boxes were broken, cables were connected in a haphazard manner and the 66 KV sub station has not yet been set up. Yadav also told the Lokayukta that DHBVN has stopped issuing electricity connections, and the fate of about 3000 buyers in Mayfield Gardens now hangs in the balance.
The Sheetal RWA's complaint with the Lokayukta also points out that builders control the department of TCP, and this is the reason that Mayfield Gardens residents have been left to suffer, despite multiple violations. Accusing the TCP department of giving a lot of leeway to builders, Yadav says that hundreds of plot buyers have been cheated, and influenced into making investments on the basis of false and misleading advertisements. “The Director General cannot be absolved of his responsibilities. On the basis of such gross violations, he ought to have initiated action for the cancellation of the licences, besides prosecuting the offenders,” says Yadav. He asserts that though the Lokayukta in Haryana is still not ‘empowered’, the manner in which this issue has been taken into cognizance by Justice Pritam Pal, there is hope that their problems will be resolved in the days to come.
The RWA has also filed a complaint against the erstwhile Director General, T.C. Gupta, IAS, who is presently serving as the Financial Commissioner and Principal Secretary of TCP Department. The Director General, being the licence issuing authority, is constitutionally duty bound to prevent the abuse of the licence by the coloniser; but, on the contrary, he has given a free rope to the colonisers. While he is empowered to ensure that the provisions of the Act and Rules are complied with in letter and spirit, he has allowed colonisers to have a free will and has thereby shown undue favoritism to them. Yadav alleges that the multiple complaints filed by the RWA against the colonisers were just set aside - without giving them any due consideration.
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