| 10-Oct-2024 |
DISPOSED |
Ms. Deepika (Planning Executive) briefed the facts of the case.
Sh. Saurabh Mishra, Sr. Manager, Legal is present on
behalf of the promoter and states that a reply dated 05.08.2024 has been
submitted by the promoter. The AR of the
promoter states that the BG demanded by the office of DTCP was deposited by the
promoter on 15.06.2023 and the promoter followed up the matter with office of
DTCP for getting the approval at the earliest and the final approval was
obtained on 17.07.2023.
It is a matter of fact that as per clause (G)(ii),
of the registration it was clearly stated as under:-
“The
promoter has submitted cheque No.001000 dated 22.03.2023 of ICICI bank
amounting to Rs. 25 lacs as a security amount to submit the approved service
plans and estimates in the Authority within three months. This bank guarantee
shall be forfeited in case the promoter fails to submit the approval within the
stipulated time.”
It was further stated in clause 3 of the
registration certificate as under:-
“If the above mentioned conditions are not
fulfilled/compliances are not made by the promoter, the Authority may take
necessary action against the promoter including revoking the registration
granted therein, as per the Act and the rules and regulations made thereunder.”
In view of the facts and circumstances above,
notwithstanding the contentions of the promoter, it is clear that the promoter
has obtained the registration of the project subject to certain compliances and
has failed to comply with condition at Clause (G)(ii) above as the Service
Plans and Estimates were not submitted within the stipulated timeline. It is
also noted that the Authority in its 137th meeting held on
01.01.2024 has taken a decision at agenda item no. 137.11 as under:
“The authority discussed at length and taking a
serious view in the matter the Hon’ble Chairman directed that compliances by
the promoters must be made without fail within the timeline of conditional
registration failing which the BG/ Security be forfeited and further action be
initiated as per the provisions of the Act.”
Consequently, the Security amount deposited by the
promoter for the above compliance is liable to be and is hereby forfeited.
Since the compliance has now been made, although
with a delay, the case is file. |
ASHOK SANGWAN |
View Order |
19-May-2025 |