31-Jan-2022 |
Ms.
Neeraj Gautam, Architectural Executive briefed the facts about the project. Ms.
Anjana (AR) joined the proceedings through VC on behalf of the promoter.
It
is noticed that EMAAR MGF Land Ltd. had entered into various agreements with
its group companies (also the land owning companies) namely Halibut Developers
Pvt. Ltd. on 25.05.2006, Jamb Propbuild Pvt. Ltd. on 05.02.2007. Logical
Developers Pvt. Ltd. on 14.05.2013, Newt Propbuild Pvt. Ltd. on 20.01.2007,
Prosperous Buildcon Pvt. Ltd. on 10.06.2013, Zither Buildwell Pvt. Ltd. on
03.07.2006 for development of the project land under consideration.
Further, the landowners, Emaar India Ltd. (earlier known as EMAAR MGF
Land Ltd.) and MRG World LLP entered into another collaboration agreement on
25.11.2020 authorizing MRG
World LLP to develop the affordable group housing project on the land
admeasuring 5.2625 acres situated in revenue estate of village
Badha, Sector 90, Gurugram, Haryana.
As per the above said agreement, the
Developer has to pay Emaar India Ltd. (who is neither a
license holder nor a land owner) an amount equivalent to 15% of share in net
sales revenue generated out of the sale of total saleable area of the project.
As per the license no. 38 of 2021 issued by DTCP in
favour of Jamb Propbuild Pvt. Ltd. and 5 others in collaboration with MRG World
LLP, the
developer MRG World LLP is responsible for the
entire development of the project ‘Ultimus 2.0’. It is observed by the
authority that the license is granted by the DTCP in favour of landowners in
collaboration with developer on the basis of collaboration agreement signed
between the landowners and the developer. This is a peculiar case where
development agreements were signed between the landowners and EMAAR India Ltd.
Accordingly EMAAR becomes collaborator/developer if license was applied by the
landowners in collaboration with EMAAR India Ltd. Rather than applying license by the
landowners through developer EMAAR India Ltd. a new collaboration agreement was
signed among landowners, EMAAR India Ltd. the original collaborator/developer
of the landowners and a new entity by the name MRG World LLP wherein the rights acquired by EMAAR India Ltd. were further transferred
to M/s MRG World LLP. The DTCP has issued
license in the favour of landowners in collaboration with MRG World LLP without any mention of M/s EMAAR India Ltd. despite
the fact that license has been issued on the basis of joint collaboration
agreement where EMAAR India Ltd. is also
a conforming party along with landowners. As per the joint collaboration
agreement entire consideration of the agreement is payable/paid to M/s EMAAR
India Ltd.
The promoter shall submit amended
license from DTCP acknowledging EMAAR India Ltd. as the co- developer in the
license no. 38 of 2021 along with MRG World LLP within three months from the
date of grant of registration.
The authority decides to grant the registration
subject to the submission of bank guarantee of Rs. 10 lakhs on account of
approved service plans and estimates, and 10 lakhs on account of approved fire
scheme within a week. This bank guarantee shall be forfeited in case the
approved fire scheme, approved service plans and estimates are not submitted in
the authority within three months from the date of grant of registration. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
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