1. Zero Period till Physical Possession given after Development
The plots under RPS-2009(1) scheme were allotted at a premium of Rs. 4750/- psm. An upfront payment of 30% within 60 days of allotment was
charged and balance amount has to be paid in 16 installments payable twice every year, under two payment plans, viz., Payment Plan –I & Payment Plan -
2. An interest of 12% is payable on the principal outstanding in each of the 16 installments in Payment Plan – I & II. Further, an additional
penalty amount of 14% compoundable is charged for any delay of installments as per Payment Plans -1 & 2.
It is the contention of RePOSWA that RPS-2009(1) scheme falls under the conditions of grant of ZERO PERIOD, under the guidelines of YEIDA
(as well as of NOIDA & GNOIDA Authorities). Zero Period had been granted to builders by YEIDA at different points of time. Since the plots
have not yet been developed since 11 years, RePOSWA is striving for Grant of ZERO PERIOD from the date of allotment of plots till the date,
physical possession of the plot is given by Yeida.
An Interest of approx Rs. 1212/-psm is charged on payment under Plan I & Rs. 1546/- psm on payment under Plan II by Allottees.
This will result in the Interest being accounted as Principal.
2. Removal of Extra Compansation / No Litigation Incentive (NLI) of Rs. 1330/- psqm
Post July 2015, YEIDA through written communiqué to the Allottees demanded an extra amount of Rs. 1330/- psm, in lieu of Extra Compensation;
it had decided to give to the farmers whose land was acquired by YEIDA for RPS 2009(1).
This put an additional burden of Rs.1330/- psm / increase in cost of the plot, over and above the Allotment rate of Rs. 4750/- psm.
RePOSWA has no objection on farmers being paid their dues by YEIDA, but it should not be extracted unlawfully from the Allottees,
especially as it was not a part of Brochure or Allotment letter.
This is when the majority of the land for RPS-2009(1) scheme was not under litigation.
3. Removal of Preferential Location Charges
In a covert & stealthy move, YEIDA imposed unilateral 15% max PLC on plots in 2016/17. PLC was neither a part of the scheme brochure & or allotment letter.
So even after not developing plots & giving possession for 8+ years, YEIDA in its wisdom decided to further unjustly burden the allottees and extort
further charges from allottees in the name of PLC.
The charges are as under :
- Park facing/green belt location charges will be 5% of the premium.
- Corner locations charges will be 5% of the premium.
- If the width of road is 18m or more, the location charges will be 5% ofthe premium.
- The maximum premium payable for any single plot shall not be morethan 15% of the premium.”
Not mentioning the fact that there are various SC rulings against unilateral clauses on contracts & deficiencies of service by authorities/builders, these charges are totally unwarranted & unjustified.
The impact of PLC is demonstrated below :
| PREFERENTIAL LOCATION CHARGE (PLC) |
LEASE RENT (LR) |
STAMP DUTY (SD) |
| No |
CHARGES |
AMOUNT |
AMOUNT |
AMOUNT |
|
|
Charges x Rs. 4750
Rs. / sq mtr
|
PLC x10%
Rs. / sqmtr
|
(PLC + LR @ 11%) x 7%
Rs. / sq mtr
|
| 1 |
5% |
5% x 4750 = 237.50 |
237.50 x 10 % = 23.75 |
263.65 x 7% = 18.50 |
| 2 |
10% |
10% x 4750 = 475.00 |
475.00 x 10 % = 47.50 |
527.30 x 7% = 37.00 |
| 3 |
15% |
15% x 4750 = 712.50 |
712.50 x 10 % = 71.25 |
790.95 x 7% = 55.50 |
| Plot Area Sq Mtr |
No. of PLC |
AUTHORITY |
STAMP PAPERS |
| PLC + LR (Amount x Area) |
Total Payable (Rupees) |
Stamp Duty (Amount x Area) |
Total Payable (Rupees) |
| 300 |
1 |
261.25 x 300 |
78,375.00 |
18.50 x 300 |
5,550.00 |
| 2 |
522.50 x 300 |
1,56,750.00 |
37.00 x 300 |
11,100.00 |
| 3 |
783.75 x 300 |
2,35,125.00 |
55.50 x 300 |
16,650.00 |
| 500 |
1 |
261.25 x 500 |
1,30,625.00 |
18.50 x 500 |
9,250.00 |
| 2 |
522.50 x 500 |
2,61,250.00 |
37.00 x 500 |
18,500.00 |
| 3 |
783.75 x 500 |
3,91,875.00 |
55.50 x 500 |
27,750.00 |
| 1000 |
1 |
261.25 x 1000 |
2,61,250.00 |
18.50 x 1000 |
18,500.00 |
| 2 |
522.50 x 1000 |
5,22,500.00 |
37.00 x 1000 |
37,000.00 |
| 3 |
783.75 x 1000 |
7,83,750.00 |
55.50 x 1000 |
55,500.00 |
| 2000 |
1 |
261.25 x 2000 |
5,22,500.00 |
18.50 x 2000 |
37,000.00 |
| 2 |
522.50 x 2000 |
10,45,000.00 |
37.00 x 2000 |
74,000.00 |
| 3 |
783.75 x 2000 |
15,67,500.00 |
55.50 x 2000 |
1,11,000.00 |
| 4000 |
1 |
261.25 x 4000 |
10,45,000.00 |
18.50 x 4000 |
74,000.00 |
| 2 |
522.50 x 4000 |
20,90,000.00 |
37.00 x 4000 |
1,48,000.00 |
| 3 |
783.75 x 4000 |
31,35,000.00 |
55.50 x 4000 |
2,22,000.00 |
*The above figures are indicative and approximate only.
REPOSWA unequivocally demands the immediate removal of PLC charges imposed on the allottees.
4. Stamp Duty to be charged on Allotment Rate & not Circle Rate
Currently YEIDA discriminates against Plot Owners who have purchased their plot from the initial owners in the secondary market.
As per the Notification Order No. K.N-7-440/11-2015-700(111)/13 dated 30th March 2015, the Government of UP provided that in case of delayed
projects of Industrial Development Authorities, the stamp duty for lease etc would be applicable at the premium rate of that project,
which is Rs. 4750/- psm for RPS-2009(1).
Post this it was decided by YEIDA that in RPS-2009(1), stamp duty would be applicable @4750/- only for initial Allottees.
For those plot holders who have been transferred the Allotment Rights from the initial allottees, for them the stamp duty would be applicable at circle rate.
This is causing a huge financial impact on the plot owners, who had abided by all the terms & conditions / rules of YEIDA, and paid transfer fee to YEIDA.
Since there was no transference of land, and secondary market buyers were issue TAR (Transfer of Allotment Rights) by YEIDA
after paying a fee of 2.5% (*4750*plot size) was pto YEIDA, and a stamp duty of 2% (*4750*plot size) was paid to the Revenue Department,
the new buyers are & should be treated as Allottees and the stap duty for lease execution for them should also be applicable at Rs. 4750/- per sqm.
5. Interest on Money deposited till Possession
YEIDA has more than Rs. 3000 crores of Allottee money deposited with them. Since the plos have not yet been developed, the allottees are entitled to Interest
on the amount deposited till date as per the various provisions under RERA and various judgments by NCRDC and Honorable Courts.
6. No Forcing of Lease Execution till Development happens
Yeida had promised a fully developed township with all the amenities as per the UP Industrial development Act & under RERA provisions.
It should not force Allottes to get lease executed for under developed plots & sectors. Till the time Infrastructure is not developed,
amenities provided as promised and security (in terms of boundaries etc) in place, YEIDA should force execution of lease(s) for plots.
Also there should be a relook to the clause of doing 50% RCC construction on plots to avail completion, within 3 years of lease issuance,
unless development doesn’t take place or is completed.
7. Development & Possession of all 21000 Plots
RePOSWA desires that YEIDA takes in possession the land for the development of all 21000 plots iunder RPS-2009(1).
There should be some time bound plan to develop and deliever the plots. New Schemes in Sector 18& 20 should only be launched once
land is allocated for all the 21000 plots of the RPS-200(1) scheme.