| 06-Mar-2025 |
DISPOSED |
Ar. Neeraj Gautam (Associate Architectural
Executive) briefed the facts of the case.
Sh. Prince Kumar (AR) and Advocate
Megha Solanki appeared on behalf of the promoter and state that the delay was
caused by disruptions due to the transfer and reorganization of key government
officials responsible for sanctioning processes. The Director General, Town
& Country Planning (DGTCP) Haryana, Chandigarh, issued multiple transfer
and posting orders affecting the functioning of relevant authorities. The AR
further submits that the 17 days’ delay qualifies as force majeure event and
does not warrant any penal action and requests the Authority not to impose any
penalty or forfeit the security amount.
The Authority decided in its
meeting dated 01.01.2024 that the 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 of 2016.
It is not disputed that the
promoter was granted conditional registration at its own accord and depositing
of security amount of Rs. 25 lakhs as a security deposit to submit the approved
service plans and estimates within three months of the grant of registration
certificate. It was clearly mentioned in the registration certificate that in
case of failure to submit the approved service plans and estimates within
stipulated time, the bank guarantee amounting to Rs. 25 lakh submitted for
submission of approved service plans and estimates shall be forfeited.
Since the promoter has obtained
the approval of service plans and estimates with a delay of 17 days, the
security amount deposited on account of timely submission of the same is hereby
forfeited.
Since the compliance has now been
made, the case is filed. |
ASHOK SANGWAN |
View Order |
19-May-2025 |