19-Sep-2022 |
Sh. J.S.
Sindhu, Executive Engineer (Monitoring) briefed the facts of the case.
Sh. Sunil
Dutt Paliwal (Estate Manager) and Sh. Surender Singh (Manager) are present on
behalf of the promoter.
As per
rule 3(4) of the Haryana Real Estate (Regulation & Development) Rules, 2017
as amended from time to time application for registration of a real estate
project of a promoter under clause (zk)(iii) of section 2 shall be restricted to
submission of documents/information as required under clauses (d), (f) and(h)
of sub-section (2) of section 4 only and other relevant information as required
by Authority from time to time. Accordingly, only relevant information is
to be submitted.
The
Hon’ble Supreme Court of India vide order dated 21.07.2022 in CA No. 8788 of
2015 has rejected the contentions of M/s DLF for exclusion of the project Express
Green from the deemed award and has further directed under para 121 (h) of the
said order as under:
“121(h)
– With respect to Express Greens (DLF), contentions to exclude the project from
the deemed award are rejected. It is submitted that:
(i)
HSIIDC shall complete
the process of validating the title of allottees, including the title to the
undivided and proportionate land share, within six months from the date of this
judgment.
(ii)
HSIIDC shall notify the
balance allottees about the execution of sale deed- the process of execution
and registration of sale deed to be completed within six months from the date
of this judgment. HSIIDC shall ensure that a designated nodal officer is
deployed to scrutinize the relevant documents and facilitate the execution of
such sale deeds; and
(iii)
All rights, title and
interest in respect of the unsold 39 townhouses in the independent floors vests
with the HSIIDC, which shall deal with them in accordance with its policies and
applicable laws. Likewise, in case of unsold apartments, all rights, title and
interest shall vest with HSIIDC.
(iv)
With respect to 96
apartments on the 15th tower which have been completed but no
occupation certificate has yet been issued, the DTCP shall ensure due
inspection and decision on the pending occupation certificates. HSIIDC to
complete any deficiency that has to be rectified.
(v)
With respect to club
houses and boundary wall in sector M-1 and M-1(A), the HSIIDC is directed to
take up work immediately and complete the same with eighteen months from the
date of this judgment.
(vi)
All unconstructed and
unallotted portions as well as construction rights (such as FAR) in respect of
unconstructed, unallotted plots etc., including two school sites, shall vest
absolutely with HSIIDC. HSIIDC is entitled to develop these areas in accordance
with its policies within the framework of the applicable Master Plan
development laws. DLF is entitled to collect amounts, if any, in terms of the
main judgment of this Court. It shall hand over all records relating to the
allottees, and technical data, pertaining to the entire project to HSIIDC
within one months from the date of this judgment.”
The
promoter i.e. HSIIDC proposed to auction the unallotted/unsold units. Accordingly,
subject to submission of essential information as mentioned above, the
Authority decided to grant registration and HSIIDC is directed to submit the
payment plan and other documents both in soft and hard copies. The OC in
respect of above units has already been obtained by erstwhile promoter on 02.05.2014
of Tower A to Tower F and EWS flats and whereas for Tower-G, OC received on 06.05.2022
and remaining works of infrastructure and community sites shall be completed by
HSIIDC as per the schedule to be submitted by the applicant promoter i.e.
HSIIDC.
Since the project has been
finally assigned by the order of Hon’ble Supreme Court only on 21.07.2022 and
hence the registration and processing fee are to be levied w.e.f. said date of
order. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
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