Document Fragment View

Matching Fragments

6. OP-1 is the nodal department of the Government of Haryana ("Government"), empowered to regulate urban development in the State of Haryana. The department also renders advisory services to various corporations and boards such as OP-2, Housing Board of Haryana, Haryana State Industrial & Infrastructure Development Corporation Ltd. and Haryana State Marketing Board. It is also stated that OP-1 performs the following specific functions:

• Regulating development of colonies to prevent ill-planned and haphazard urbanization in or around the towns under the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975 ("Haryana Development Act"/ "HDRUA Act");

11. As per the Information, under the HDRUA Act, a Developer is obligated to:

• pay prescribed conversion and service charges and furnish a bank guarantee equal to twenty-five percent of the estimated cost of development works; • pay External Development Charges ("EDC") and Infrastructure Development Charges ("IDC") (as defined under Section 2 of the HDRUA Act); • Construct at its own cost schools, hospitals, community centers and other community buildings on the lands set apart for this purpose, or to transfer to the Government at any time, if so desired by the Government, free of cost;

14. The LOI provides for fulfilment of conditions including submission of bank guarantee towards EDC and IDC and signing of agreements between the Developer and OP-1. The LOI also specifies the rates for payment of various charges and fees including, conversion charge, licence fees, scrutiny fees, IDC and EDC. IDC and EDC are charged for infrastructure and external development works, respectively.

15. External development works as per Section 2(g) of the HDRUA Act, include water supply, sewerage, drains, necessary provision of treatment and disposal of sewage, sullage and storm water, roads, electrical works, etc. and any other work specified by the Director of OP-1 to be executed in the periphery of or outside colony/area, for the benefit of the colony/area. Infrastructure development works, as per Section 2(i) of the HDRUA Act, include metalling of road, paving footpaths, planting trees, street lighting etc. and any other work the Director of OP-1 may think to be necessary for proper development of a colony.

42. IA No. 409 of 2025 dated 03.10.2025 has been filed by the Informant reiterating its request for urgent consideration of the Information and for the interim relief application under Section 33 of the Act.

Analysis of the Commission

43. At the outset, it is noted by the Commission that issues before the Commission in Case No. 40 of 2017 and in the present cases, are the same i.e., the OPs imposing unfair and discriminatory conditions such as obligating the Developers to pay EDC and IDC and interest thereon, if any, as and when demanded with no commensurate obligation on the OPs to complete the development work. This has been alleged as abuse of dominant position by the OPs as they are the only authorities which can issue Licences and undertake activities of External Development and Infrastructure Development.