The decision by the Gurgaon Police to file FIRs against some builders has elated many adversely impacted home buyers, who till now were feeling frustrated by the failure of the authorities to help them in any way. The sway of the builders has been so strong and long in Gurgaon that no arm of the State had been able to touch them. They pretty much ruled the roost, with ‘support’ from the administration and even enforcement agencies. The hands of the police were also tied, because these matters were mostly considered civil disputes, and there was anyway little political will to get the police involved. The only recourse for buyers was to approach the courts or the Competition Commission of India. However, the recent decision by the Haryana government to let the police lodge FIRs against errant builders has given hope to the aggrieved that justice will be done. However, this decision has (surprisingly) not particularly enthused civil society activists, many of whom have worked closely with the administration and govt. In fact they term these FIRs as a whitewash and predict that it will have no effect on the corruption infested system. They believe that a piecemeal approach like this, more for ‘effect’, cannot tackle the systemic malaise in the Real Estate sector in Gurgaon. BK Dhawan, a functionary of the Federation of Apartment Owners Association (FAOA), believes that registering of FIRs is not a solution to the problems being faced by apartment buyers. “We had hoped that the new government would bring in a systematic change in the functioning of the Real Estate industry in Gurgaon and Haryana, but surprisingly there has been little change. No effort has been made to ensure that the Haryana Apartment Owners Act is applied in letter and spirit,” alleges Dhawan. The builder-buyer agreements remain skewed, and the common areas in the majority of condominiums are still being controlled by developers, he adds. Others agree, and say that there should have also been a concerted effort to streamline DTCP and HUDA, and to clear the confusion caused by multiple agencies. They believe that there has been little change in the functioning and attitude of the builders. The builders have been able to ‘manage’ the BJP also. BJP activist Subash Talwar, who has been greatly influenced by PM Modi, feels dejected and says that the Haryana government has shown no resolve to rein in vested interests, and what happened in the past continues even today. Talwar says that they have been able to get relief in the Ambience Lagoon dispute with the builder only because of the court; the government and its functionaries have not been of much help to the residents. He in fact rues that instead of taking action against the realty bigwigs, there seem to be vested interests in the government who are interested in letting the status quo prevail. Ashok Bhardwaj, a politician based in Gurgaon, says that the relations between the builders in NCR and the governments cannot go bad, because they are important allies during elections. Builders generate a majority of the funds needed to fight the political battles, and this is the ‘insurance’ that they hold against any State action. “The FIRs against builders are just to ask them to fall in line with the new political bosses, and to send them a message that a new dispensation is running the show,” quips Bhardwaj. Dharamvir Yadav, a long time activist, says that tall statements are made, action is promised but nothing has changed in the City. The maintenance remains poor, the builders refuse to provide power infrastructure, projects continue to be delayed, and roads, lanes and drains remain in bad shape. Yadav had hoped that the BJP would bring a change in the way the government functions, but he says his hopes have been dashed. However, Dharmendra Jha, who lives in Rosewood Estate, is happy with new BJP government. “They are at least listening to our woes and taking some action. Recently Rao Narbir Singh had visited our colony and sanctioned funds for building a road. When has this happened in the past?” says Jha. He adds that issuance of FIRs against builders is a positive step, which would pave the way for the prosecution of those who have not delivered on their promises. If the Police are able to prosecute even a single builder, then a strong message would go to rest of them, he says. Gurgaon Police Commissioner Navdeep Singh Virk told Friday Gurgaon that the cases filed against builders would be investigated and taken to their logical conclusion without any fear or favour. He added that most of the cases against builders have been filed under laws in which misdemeanors can be compounded, and settlements are acceptable. However, if the police investigation finds something patently illegal or there is no compromise by either side, then the matter will be decided by the court(s).
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