The days of builder hegemony, openly ‘endorsed’ by the previous regime, seem numbered. The new Administration has started giving the right signals and messages. Though the redressal process is not going to be smooth, due to legal issues, insiders say that actions are soon going to be taken against colonisers who have not filed Declarations as per the Haryana Apartment Act 1983 within the required time frames. The HUDA Administrator has also assured the residents of private colonies that the problems raised by them would be taken up with the officials of Town and Country Planning Department. MCG Chief Vikas Gupta has also positively stated that the municipal corporation should not shirk responsibility to resolve the City residents’ civic issues even outside of its jurisdiction. A major push in favour of the RWAs has come from the District Administration, which had in the recent past also tried to figure out a solution to this problem but could not do much as elections were in the offing. In an exclusive interview with Friday Gurgaon, the new Gurgaon District Commissioner (DC), T.L. Satyaprakash says that RWAs are extremely important for the City and need to be effectively empowered. "Thirty five percent of Gurgaon lives in condominiums, and if I am able to put the RWAs in charge, then a large part of the problems will be resolved," he says. “RWAs for me are a unit of governance. Regarding their legal problems, I have initiated a process wherein these will be taken up with the Senior Town Planner (this has also been endorsed by the new HUDA Administrator, Anita Yadav).” He is clear that rules and regulations pertaining to the filing of Declarations and the terms and conditions of Licence Agreements need to be adhered to. Anita Yadav too, in a communique to the City’s residents, has promised that the grievances of residents' welfare associations would be addressed within 15 days. HUDA officials will also meet one RWA every fifteen days, to review the issues pertaining to their sector(s). The grievances can be sent to the HUDA office in writing, and can also be emailed to admggnhuda@gmail.com.
These positive vibes have had a salutary effect on Gurgaon civil society, which has been fighting valiantly against heavy odds. Colonel BK Dhawan, President Emeritus of the Silver Oaks RWA, who has been involved in a long and bitter battle with DLF, says that people in Gurgaon are very hopeful that the new Administration will end the perpetual stranglehold of the builders on the colonies. Dhawan says that as per the Haryana Apartment Act 1983, the builder has to build a project and, after filing the Deed of Declaration, hand over the condominium to the RWA. However, the lure of commercially exploiting the common areas (for a school, club, community centre, shopping area) has ensured that the legal process of handing over is delayed forever, and the residents have to forever follow the diktats of the coloniser.
Anita Parashar, Secretary of the Ambience Lagoon Apartments RWA (ALARWA), asserts that they were forced to take over the maintenance and security in the complex because the agency hired by the builder went on strike. Despite paying steep maintenance fees, the residents had to ‘accept’ poor services; there seemed little they could do except make repeated complaints against the builder. Finally, ALARWA resorted to a unilateral takeover last month, and since then is in a standoff with the coloniser, who wants to give the maintenance to another RWA, which the apartment owners say does not represent them, and is an ‘in-house’ builder-propped entity. The Gurgaon DC also says that he has come across instances wherein the builders have taken control of the common areas and are using sports facilities, clubs and other such places for their own benefit. "We are not going to allow violations to take place. There will be zero tolerance for corruption," he asserts. Dharamvir Yadav, President, Sheetal RWA, who has vast experience in dealing with the government and builders on this issue, says that it is high time that the authorities intervene in this matter and provide some relief for house buyers. Yadav wants the issue of maintenance, which has been twistedly used by the colonisers to perpetuate their ‘monopoly’, to be re-interpreted in the context of House and Property Tax in the case of plotted colonies. "MCG can and should impose Property Tax and take over the private colonies, as a government agency can better maintain large colonies like Mayfield Gardens," he says. According to him, the problem with private builders is that most of them are forever looking for shortcuts or excuses to postpone or stop any investment. They are not ready to fulfill the terms and conditions of their licences. The result is that almost 3,000 houses in Mayfield Gardens have been denied power connections by DHBVN, citing inadequate infrastructure – the power substations had to be built by the coloniser. In fact in most cases the builder(s) do not complete the civic works, and it becomes difficult for the RWA to take over the maintenance, as it neither has the funds nor the expertise to complete the deficiencies. The residents are now pinning their hope on the intervention by a proactive MCG and other departments, which till now were basically doing the biddings of the builder. Dharmendra Jha, President of the Rosewood RWA on Sohna Road, welcomes the change in attitude. He says that despite paying a good amount per month, the residents in his colony have been suffering because of poor maintenance. The common areas are in control of the builder, as a result of which the residents have been deprived of some basic facilities. Of course RWAs too need to shape up, by holding elections as per norms and hiring skilled and qualified professionals. Sarika Bhatt, who lives in Malibu Towne and is involved with the RWA, says that the residents should back the RWA. However, in Malibu Towne the RWA does not even have an office of its own and the RWA office bearers have to work from their homes.
While most RWA members are upbeat about taking over maintenance and getting rid of their builders, they need to proceed with caution. Condominiums that are not completed or are in the final phase of completion would be difficult to run, as water, power and backup connections would be in the control of the builder. In the case of Close North, a Unitech property, the RWA is facing a lot of difficulty because the complex has not been completed. Likewise, in the case of Ambience Lagoon, which has been taken over by the residents, the RWA is finding it difficult to run the condominium, as it is a part of a larger complex comprising of a huge mall, another residential condominium and an upcoming commercial building. Lt Gen SK Bahri, President of World Spa RWA, which was the first one in Gurgaon to (forcibly) take over the maintenance from a builder (Unitech), says that the residents have to remain united, and ensure that the RWA has adequate funds to successfully manage the complex. World Spa faced a number of problems, but all these were overcome, and with the passage of time the quality of life has improved manifold, says Bahri. "The maintenance of lifts, common areas, sanitation and back up generators has improved. We have kept the cost competitive and the management of the club and other common areas is in our hands,” he adds. Many RWAs and residents of Gurgaon, frustrated with their builders for years, would take heart. And now, with the Administration finally on their side, they can take that big move forward, with purpose.
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