14-Sep-2021 |
Proceedings dated: 14.09.2021 Sh. Sudhir Solanki (GM) and Sh. Akhil Kumar (GM) are present on behalf of the promoter. The promoter has submitted an application dated 13.09.2021 requesting the Authority to grant registration of additional license No. 104 of 2019 and renewal of old and adjoining area license No. 119 of 2011 as well as service estimates and plan are still under approval of the DTCP, and they will submit copies of their approval within three months. The Authority decided to grant registration for this additional 2.08125 acres of license subject to submission of undertaking that they will submit compliance report in this context within 2 months failing which the RC shall stand revoked automatically. Further that the registration for the 65.112 acres shall also be obtained for which the part CC dated 05.05.2014 earlier granted by DTCP was revoked as per the condition laid down in LC-III. Hence the same is required to be registered in terms of section 3 proviso of RERA within two months. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
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10-Aug-2021 |
Proceedings dated: 10.08.2021 Sh. Sudhir Solanki (GM) and Sh. Akhil Kumar (GM) are present
on behalf of the promoter.
An application regarding registration of plotted colony
project namely “Anant Raj Estate” situated at sector 63A, Gurugram area
admeasuring 2.08125 acres being developed by M/s Anant Raj Ltd was submitted on
31.12.2019 under section 4 of Real Estate (Regulation and Development), Act
2016. This application for registration is part of the plotted residential
colony which has been licensed vide 3 nos. licenses issued in favor of various
landowners.
License no. 104 of
2019 dated 07.09.2019 valid up to 06.09.2024. M/s Hamara Realty Pvt Ltd
and others in collaboration with Anant Raj Ltd.
License no. 71 of 2014
dated 29.07.2014 valid up to 28.07.2024. M/s Anant raj Industries Ltd and
others in collaboration with Anant raj Industries Ltd.
License no. 119 of
2011 dated 28.12.2011 valid upto 27.12.2019. M/s Rose Realty Pvt Ltd and
others in collaboration with Anant Raj Industries Ltd
Hence, the total licensed area of the project is 110.20575
acres out of which part completion
certificate vide memo no. LC-2543-JE(S)-2014/8878 dated 05.05.2014 for an area
65.112 acres has been granted by DTCP, Haryana which is revoked at the time of
revision of layout plan and 43.012 acre is registered in interim HARERA,
Panchkula vide RC no. 142 of 2017.
Further the promoter had applied
for registration of additional license no. 104 of 2019 dated 07.09.2019 issued
by DTCP, Haryana for plotted colony area admeasuring 2.08125 acres vide Temp
Project ID RERA-PROJ-4-2018.
Keeping in view the above facts,
the project site was visited on 01.07.2020 and as per observation/deficiencies
found during site inspection, three show cause notices no. RERA-GRG-2687-2020
dated 10.09.2020 were issued for non-registration of project for different
areas i.e., area for which part completion revoked, development of builder
floors in block E without registration and plots sold in block G2 prior to the
registration. for the area on which plots are sold without registration.
After discussions with the promoter
the following observations are made.
1. The promoter has obtained part
completion certificate for an area measuring 65.112 acres dated 05.05.2014,
which is revoked by DTCP, Haryana as per the condition laid down in LC-III
dated 25.07.2019 as the promoter proposed to re-plan the complete area of the
project. Further, after inspecting the site on 01.07.2020, it was found that
only 20% landscaping work, 50% streetlight work and 90% road work was complete
in the area for which part completion was granted earlier and now stands
revoked, but the promoter replied that all services i.e., road, streetlight
etc. are completed. The promoter also submitted that they have applied for
restoration of the part CC of the project already granted by the DTCP on which
as per the revised lay out plan services have been laid out. It is also
submitted that within two months necessary restoration certificate will be
submitted to the Authority.
2. The promoter has sold the plot nos.
6-12, 12a and 14-17 falling in the area applied for registration i.e., block G2
of the project to M/s Avarna Projects LLP as per the sale deed executed dated
14.10.2019. These plots are part of the area for which additional license of
2.08125 acres has been granted by the DTCP. The promoter has sold the plots
without registration for which a show cause notice has been issued for penal
proceedings. The license for the additional area is valid but for the whole
project out of three licenses one license no. 119 of 2011 validity has expired
on 27.12.2019. The promoter has already applied for renewal of license and
necessary fee etc. have been paid to DTCP and EDC dues are being rescheduled as
per the new scheme of the Government.
The promoter submitted that within two months license renewal will be
submitted in the Authority.
3. The promoter is developing/marketing/
selling the builder floors in block E without registering the floors with the
Authority. The occupation certificate for plot nos. 4-6, 9-12, 14-26, 37-41 and
43 are obtained after the commencement of the RERA Act. The AR of the promoter
submitted that they have separately applied for registration of builder floors
on these plots. As floors have been sold without registration, a show cause
notice has been issued to the promoter as why penal proceedings shall not be
initiated for violation of section 3 read with section 59(1) of the Act.
As 21 hearings have already been
conducted in this matter and there are still deficiencies in the application
for registration as under:
i.
Approved service plans and estimates for 9.94375 acres not submitted.
ii. License no. 119 of 2011 is still
not renewed.
Apart from above, the BBA is not in
the prescribed format and in the whole project, there is some area which is
left out from registration needs to be registered.
The Authority decided
to issue show cause notice under section 5(b) of the Real Estate (Regulation
and Development) Act, 2016 read with
proviso to rule 5(2) of the Haryana Real Estate (Regulation and Development) Rules,
2017 as why your application for grant of registration shall not be rejected
for the reasons recorded above as this application does not conform to the
provisions of the Act or the Rules made thereunder. The promoter is also given
an opportunity of hearing on 14.09.2021 at 3.00 pm in the office of the
Authority to present the matter regarding removal of deficiencies or if he has
anything to say in the matter. |
OBJECTION |
View Order |
03-Aug-2021 |
The matter got adjourned to 10.08.2021. |
OBJECTION |
View Order |
27-Jul-2021 |
Proceedings dated: 27.07.2021
Ms. Jyoti Yadav, Coordinator, Planning Branch briefed the facts about
the project.
Sh. Sudhir Solanki (GM) and Sh. Akhil Kumar (GM) are present on behalf
of the promoter.
An
application regarding registration of plotted colony project namely “Anant
Raj Estate” situated at sector 63A, Gurugram area admeasuring 2.08125 acres
being developed by M/s Anant Raj Ltd was submitted on 31.12.2019 under section
4 of Real Estate (Regulation and Development), Act 2016.
The matter was
discussed at length. It is pertinent to note that:
1.
A notice under section 69 dated 10.09.2020 was issued on account of
non-registration of project which comprises of non-registration of project for different
areas i.e., area for which part completion revoked, development of builder
floors in block E without registration and plots sold in block G2 prior to
the registration. The penalty proceedings in this context shall be/are dealt separately.
2.
It has been noticed that the license No. 119 of 2011 for 100.262 acres
area has been expired on 27.12.2019 and the same is not yet renewed. As such
the promoter has not applied for same as on date which is required to be
applied.
3.
It has further been noticed that part completion granted by DTCP,
Haryana on 05.05.2014 for 65.112 acre of land was revoked on 25.07.2019. It
has been submitted by the promoter that they have applied for the
reinstate/re-grant of the part CC.
In view of the facts stated above the case is not right
for considering it for registration. However, the penal proceedings under
section 59 shall continue.
The promoter is hereby strictly restrained for further
sale in the above project. He will submit an inventory of sold and unsold
inventories as on date within 2 days and shall remain freeze till further
orders.
The
matter to come up on 03.08.2021 along with suo-motu case of non-registration.
|
OBJECTION |
View Order |
13-Jul-2021 |
Proceedings dated: 13.07.2021.
Ms. Jyoti Yadav Coordinator Planning Branch briefed the facts of
the case.
On the request of the promoter vide application dated 13.07.2021, matter
is adjourned and fixed for 27.07.2021. |
OBJECTION |
View Order |
23-Jun-2021 |
Proceedings dated: 23.06.2021.
Ms. Jyoti Yadav Coordinator
Planning Branch briefed the facts of the case.
Sh. Sudhir Solanki (AR) and Sh.
Akhil Kumar are present on behalf of the promoter. AR requested for 15
days time to submit requisite documents. He was also directed to submit record
pertaining to booking and sale of floors in Block E and also occupation
certificate of respective floors/plot from the competent authority. The
promoter failed to honour his own undertaking regarding registration of left
out unregistered area. Although the AR submitted that they request for their
restoration of revoked part CC is already under consideration of DTCP and
likely to be considered very shortly.
The matter to come up on 13.07.2021.
Dr. K.K. Khandelwal (Chairman)
Vijay Kumar Goyal (Member) |
OBJECTION |
View Order |
26-Apr-2021 |
Due to Covid-19 pandemic, authority meeting could not be held. Now, the authority has decided to fix the matter on 23.06.2021. |
OBJECTION |
View Order |
23-Feb-2021 |
Matter will be heard on 26.04.2021 |
ADJOURNMENT |
View Order |
22-Feb-2021 |
Hearing adjourned and fixed for 22.02.2021 |
OBJECTION |
View Order |
08-Feb-2021 |
The promoter is directed to submit the deficit documents along with deficit fee. Matter will be heard on 22.02.2021. |
ADJOURNMENT |
View Order |
18-Jan-2021 |
The promoter is directed to submit the deficit documents along with deficit fee. Matter will be heard on 08.02.2021. |
OBJECTION |
View Order |
14-Dec-2020 |
The promoter is directed to submit the deficit documents along with deficit fee. Matter will be heard on 18.01.2021. |
ADJOURNMENT |
View Order |
27-Nov-2020 |
Hearing adjourned to 14.12.2020 |
OBJECTION |
--- |
16-Nov-2020 |
Hearing adjourned to 27.11.2020 |
OBJECTION |
View Order |
04-Aug-2020 |
During online hearing, the promoter is directed to submit the service plan estimates and licence no. 104 of 2019. |
OBJECTION |
View Order |
27-Jul-2020 |
Adjourned for dated 04.08.2020 |
OBJECTION |
--- |
23-Jun-2020 |
There are deficiencies in the application for
registration as have already been communicated. The promoter has not given
details of area for which part completion certificate obtained, area which was
registered earlier, area now applied for registration, and area which is still
left out of the total license is unregistered. These details are to be marked
on the approved layout plan and necessary supporting documents are to be
attached. As the project is still incomplete and for a part of the project, part CC
has been obtained and there remain many services still to be provided by the
promoter which needs to be monitored by the Authority. One of the license is
already expired and approved service plan estimates have not been submitted
which is a serious lapse on the part of the promoter. Bank undertaking has not
been submitted apart from many other deficiencies as have been communicated
vide deficiency notice dated 20th January 2020 and subsequent e-mails dated 5th
June 2020, 8th June, 2020. The promoter be issued a show-cause notice for
rejection of application for registration under section 5 of the Real Estate
(Regulation and Development) Act, 2016 as despite many opportunities
deficiencies have not been attended and be given a personal hearing on 27th July,
2020. |
OBJECTION |
View Order |
22-Jun-2020 |
The matter is adjourned to 23.06.2020 |
OBJECTION |
--- |
09-Jun-2020 |
Sh.
Sudhir Solanki is present on behalf of the builder authorized through a board
resolution and working as General Manager in the Company. The deficit
documents which are still pending are as follows:
·
Information
to the Revenue department about the licensee area.
·
Service
estimates and plans (Service plans & estimates) has not submitted.
Submitted (Service plan
Estimates approved for 100.262 acres and applied for 9.94375 acres.)
·
License no. 119 of 2011is not renewed till date.
·
Undertaking
from bank regarding RERA compliance.
·
Electrical
load availability NOC for additional area.
Part-J –
Additional Details in Case of On-Going Project
·
CA
certificate for actual expenses incurred till the date of making an application
for registration& inventory details not found on record to be submitted.
· The allotment is not in the
prescribed format.
·
BBA is also not in the format as
specified in the Rules.
·
Conveyance deed is also not in
accordance with the Act.
Mr. Solanki is directed to get the deficiencies
complete. He is also directed to visit tomorrow (10.06.2020) at 11.00 AM to
discuss the corrections in the DPI and online REP form. The promoter
shall mark the area applied for registration on the approved layout plan. The
matter will be heard on 22.6.2020. |
OBJECTION |
View Order |
07-Apr-2020 |
the matter will be heard on 09.06.2020 |
OBJECTION |
--- |
02-Mar-2020 |
the matter will be heard on 07.04.2020 |
ADJOURNMENT |
--- |
10-Feb-2020 |
The Hearing is Adjourned for 02.03.2020 |
ADJOURNMENT |
View Order |
03-Feb-2020 |
THE DATE IS ADJOURNED TO 10.02.2020 |
ADJOURNMENT |
View Order |
27-Jan-2020 |
The promoter
requested for one week time to submit the deficit documents and the authority
directed the promoter to submit the deficit documents which are mentioned
below:-
·
Information
to Revenue department about the licensee area and latest jamabandi need to be
submitted.
·
Copy of
water assurance and sewage disposal letter has not submitted.
·
Service
estimates and plans (Service plans & estimates) has not submitted.
·
License
no. 119 of 2011is not renewed till date.
·
The promoter has not submitted the Assurance letter from
DHBVN for electrical load availability.
·
Deficit
registration fee by ₹
6,215/-.
·
Project Report not found on record.
·
Non-encumbrance certificate from Tehsildar for the additional
land not provided.
·
Land Title search report not provided.
·
Board
resolution for authorizing bank account operation needs to be provided along
with PAN, Aadhar & address proof of all the signatories to operate 70% RERA
account.
·
Affidavit/indemnity
bond from promoter to abide by the provision of RERA not submitted with the
DPI.
·
Undertaking
from bank regarding RERA compliance.
·
Quarterly
physical progress not provided in DPI.
·
CA certificate
for non-default in payment of debts as on date not provided.
·
Net
cash flow statement is incomplete.
·
Copy of Annual
Report for last 3 years needs to be provided with Auditor’s report, Director’s
Report. Financials for 2018-19 needs to be provided.
·
CA
certificate for actual expenses incurred till the date of making application
for registration& inventory details not found on record to be submitted.
·
Allotment is not in the
prescribed format.
·
BBA is also not in the format as
specified in the Rules.
·
Conveyance deed is also not in
accordance with the Act.
Next date of hearing be fixed on
03.02.2020 |
EXAMINATION BY AUTHORITY |
View Order |