11-Mar-2024 |
Sh.
Ashish Kush, Planning Executive briefed about the facts of the case.
Sh.
Mansoor Ali (AR), Sh. Abhijeet Sindhu (AR) and Sh. J.K Dang (Advocate) are
present on behalf of the promoter.
Sh.
Manan (Sr. Advocate) and Ms. Kanika Singhal (Advocate) are present on behalf of
the Complainant i.e., M/s Orris Infrastructure Pvt. Ltd.
The
M/s Orris Infrastructure Pvt. Ltd. has filed a complaint on 26.02.2024 against
the above said project requesting the Authority for not granting of RERA
registration to the real estate project proposed to be developed on land
admeasuring 14.275 acres by M/s Godrej Properties ltd. till all outstanding
dues of M/s Orris Infrastructure Pvt. Ltd. in relation to the project namely
“Godrej AIR” are cleared by Godrej Properties Ltd.
The
copy of the complaint has been supplied to the promoter and the promoter
submitted their reply on 06.03.2024 in which the promoter vehemently denies all
the allegations, assertions and contents of the application in toto. The
promoter states that the application is not maintainable in terms of the
provisions of the Act of 2016, as no person other than the applicant itself who
had applied for the registration has a right to be heard while considering
application for registration of a project under RERA Act, 2016. Further, he states
that the applicant has no privity of contract with Godrej Properties Limited
qua the land measuring 14.20265 acres located at sector 89, Gurugram (subject
land is completely owned by Godrej Properties Limited), the complainant has no
right or interest of any kind on the subject land. The application pending for
adjudication before an Arbitral Tribunal is in respect of certain monetary
claims between the applicant and Godrej Developers & Properties LLP. There
is no adverse interim order qua the subject land passed by the Arbitral
Tribunal or any other court/ Authority. The promoter requested the Authority
ought not to entertain the captioned application and out rightly reject the
same as not maintainable and untenable in the eyes of law and requested the
Authority to consider the application for registration.
The
Advocate of the complainant stated that the respondent has failed to disclose
the facts about the ongoing litigation between the company and respondent in
respect of the project namely “Godrej Air” situated in Sector 85, Gurugram. He
stated that there is a dispute between the Godrej Developers & Properties
LLP setup by Godrej Properties Limited and the complainant i.e., M/s Orris
Infrastructure Pvt. Ltd. w.r.t. the revenue sharing in the project namely
“Godrej Air” for which they have filed a complaint in the Hon’ble Civil court
and now the matter is before the Arbitration and respondent has failed to
disclose the same.
The
Advocate of the promoter stated that the complaint pertains to another project
of different entity and has no relation to the above said project and above
land. Moreover, the DTCP has granted the license no. 151 of 2023 dated
20.07.2023 for the development of group housing project in favour of M/s Godrej
Properties Limited after examining the land documents. Further, the promoter
also submitted the land title search report and non-encumbrance certificate
certified by the Naib Tehsildar as per the report there is no defect on land in
any aspect.
The
Authority after going through the contention of both the parties observes that
the complaint filed by M/s Orris Infrastructure Pvt. Ltd. pertaining to another
project where both the parties were involved through LLP and it has nothing to
do with the above said project nor with the land pertaining to the above said
project. The Authority directed the promoter to disclose the litigation in the
form A to H and DPI. However, it is clear that this is an interse dispute
between two companies and does not have any effect on the above registration of
project. Although, it was informed that the arbitration proceedings are going
on but as on date there is no order affecting the present matter.
In
view of the above, the Authority is of the view that the same does not in any
way affect the registration of the above said project which is an independent
project having no relation with the project mentioned in the above said
complaint.
In
view of the above the Authority decided to grant the registration certificate
subject to confirmation of all formalities. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |