21-Apr-2025 |
Proceedings
dated: 21.04.2025.
Sh.
Shashank Sharma, Associate Engineer Executive and Mr. Ashish Dubey, Chartered
Accountant briefed about the facts of the case.
Sh.
Vijay Kumar Rai (GM), Sh. Om Singh (AR) and Sh. Anil Kumar (AR) are present on
behalf of the promoter and undertakes to deposit the remaining deficit documents
within next 3 days in the Authority. The AR further states that the phasing has
been approved in the project by the DTCP vide memo no ZP-7751/JD(RD)/2024/29360
dated 17.09.2024 and the building plans have been revised. The AR submits that
phase -3 involves fresh construction of 6 number of towers in place of villas
as per earlier sanctioned plans. This will take about 5 to 6 years to complete
and requests the Authority to amend the continuation of registration for
further 6 years.
The Authority observes that third-party rights
have been created on the whole licensed area i.e., 14.843 acres and further
continuation of registration u/s 7(3) was granted by this Authority to the said
project on 22.11.2022 for the period commencing from 01.07.2022 and valid up to
30.06.2027. However, the DTCP has approved phasing of the project, vide
memo no ZP-7751/JD(RD)/2024/29360 dated 17.09.2024 and approved the revision building
plans in the newly approved phase 3. The promoter states that it may take
another 5 years to complete the new construction in phase 3 and seeks
additional time for the same. However, the time granted to the promoter to
complete the project under Section 7(3) vide order dated 22.11.2022 has still
not expired. The promoter may apply for further continuation of registration of
the project 3 months prior to the expiry of the time already granted i.e.,
30.06.2027 and further continuation will be appropriately considered subject to
submission of applicable fees and documents.. Further, requisite BG/DD of Rs.
25 lakhs shall be submitted as a security amount for the submission of approved
SPE within four months. This
is without prejudice to the rights of the allottees under section 14 of the
Act, 2016 who have not submitted their consents.
Approved
as proposed. The addendum certificate shall be issued after submission of the
remaining deficiencies along with the BG/DD as above. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |
07-Apr-2025 |
Proceedings dated: 07.04.2025.
Sh. Shashank Sharma, Associate Engineer
Executive and Mr. Ashish Dubey, Chartered Accountant briefed about the facts of
the case.
Sh. Vijay Kumar Rai (GM), Sh. Om Singh (AR)
and Sh. Vaibhav Tyagi (Architect) are present on behalf of the promoter and
states that representation dated 18.03.2025 has been submitted in the Authority
stating that DTCP has approved phasing plan of the above project and
accordingly requests to apply separately for fresh registration of phase -3
only as it involves fresh construction from the ground level in place of villas
as per earlier plans. The AR further states that public notice in three newspapers has also been
published.
The 3rd party rights have been created on the
whole licensed area where DTCP has approved the phasing plan along with the
revisions in building plans. Although a clarification from DTCP has been
received wherein he states that the phasing plan of the said project was
approved vide memo no. ZP-7751/JD(RD)/2024/29360 dated 17.09.2024 bearing
drawing no. 10486 as per provisions of clause 1.1(ii) of the policy and the
building plans were revised only after getting the consent of more than 2/3rd
allottees as per policy dated 24.04.2023.
Further, public notice regarding revision in
building plans were published in three newspaper namely “The Times of India,
The Tribune, Dainik Tribune dated 19.03.2025 against which no objections has
been received in the Authority.
As the third-party rights have been created on
the whole licensed area i.e., 14.843 acres and further continuation of
registration u/s 7(3) was granted by this Authority to the said project on
22.11.2022 for the period commencing from 01.07.2022 and valid up to 30.06.2027.
In view of the above, the Authority direct that the promoter shall submit the
details as per the whole licensed area i.e., 14.843 acres and submit the
remaining deficit documents including deficit fees for amendment in the
registration of the entire project.
The matter to come up on 21.04.2025. |
ADJOURNMENT |
View Order |
10-Mar-2025 |
Sh. Shashank Sharma, Associate Engineer Executive
and Mr. Ashish Dubey, Chartered Accountant briefed about the facts of the case.
Sh. Vaibhav Tyagi (Architect), Sh. Anil Kumar
(AR) are present on behalf of the promoter and requests for 3 days time to
submit the reply to the deficiencies. Further, the AR requests to apply
separate for fresh registration of phase -3 only.
The project was registered with the Authority
vide RC no 58 of 2019 dated 24.09.2019 valid up to 30.06.2022 (including 6-month
covid extension) and further continuation of registration u/s 7(3) was granted
to the said project on 22.11.2022 for the period commencing from 01.07.2022 and
valid up to 30.06.2027. 3rd party rights have been created on the
whole licensed area where phasing has been done along with the revisions in
building plans. Although a clarification from DTCP has been received wherein he
states that the phasing plan was approved vide memo no.
ZP-7751/JD(RD)/2024/29360 dated 17.09.2024 bearing drawing no. 10486 as per
provsions of clause 1.1(ii) of the policy and the building plans were revised
only after getting the consent of more than 2/3rd allottees as per policy dated
24.04.2023.
In view of the above, Authority is of the view
that file for amendment of the entire licensed area i.e., 14.843 acres is
required to be considered only as the 3rd party rights have been
created on the entire licensed area and further directs that a two-week public notice be issued in three prominent newspapers
(two english and one hindi) of wide circulation for inviting objections, if
any, regarding revision in the building plans.
The matter to come up on 07.04.2025. |
ADJOURNMENT |
View Order |
03-Mar-2025 |
Sh. Shashank Sharma, Associate Engineer Executive briefed
about the facts of the project.
Sh. Vijay Kumar Rai (General Manager),
Ms. Rekha Garg (AR) are present on behalf of the promoter.
The AR of the promoter states that the
requisite clarification issued by DTCP will be submitted by tomorrow in the
Authority and seeks one week adjournment. Meanwhile, the office is directed to scrutinize
the file for amendment in registration of the project from area measuring
14.843 acres to 8.24 acres (phase 1,2 & EWS) as per the revised approved
building plans obtained vide memo no ZP-775-II/SD(RD)/2024/35515 dated
20.11.2024 and accordingly issue the deficiency notice.
The matter to come up on 10.03.2025. |
ADJOURNMENT |
View Order |
11-Feb-2025 |
The matter is adjourned and to come up on 03.03.2025. |
ADJOURNMENT |
--- |
10-Feb-2025 |
The matter is adjourned and to come up on 11.02.2025 at 03:00 PM. |
ADJOURNMENT |
--- |
06-Jan-2025 |
Due to gazetted holiday, the matter is adjourned and to come up on 10.02.2025. |
OBJECTION |
View Order |
02-Dec-2024 |
Sh. Shashank Sharma, Associate Engineer Executive briefed about the facts of the project. Sh. Vijay Kumar Rai (General Manager), Sh. Om Singh (AR) and Sh. Vaibhav Tyagi (Architect) are present on behalf of the promoter.The Authority observes that DTCP has approved the phasing plan of the area comprising 14.843 acres vide memo no ZP-7751/JD(RD)/2024/29360 dated 17.09.2024 in already registered project with RERA vide registration no 58 of 2019 dated 24.09.2019 valid up to 30.06.2027 where 3rd party rights has been created by the promoter. However, it is noted that DTCP has approved the policy for phasing in licensed colonies and seeking 2/3rdconsent from the allottees in case of revision in the layout plan /building plan vide memo no Misc-862/2023/7/1/2023-2TCP/11689-91 wherein it is mentioned about PHASING & ITS APPLICABILITY which is reproduced as below:For a licensed colony or part of it, which is yet to be registered by RERA (though requiring registration before creation of third-party rights), the coloniser shall disclose to the Director, its plan for development of such colony, or part of it, in phase(s). An undertaking from the coloniser regarding such non-registration of the colony or such part of it shall be considered adequate along with such disclosure.Further, it has been observed that major changes have been approved in the revised building plans by the Department of Town and Country Planning vide memo no ZP-775-II/SD(RD)/2024/35515 dated 20.11.2024. Keeping in view of the above, the Authority decides to seek confirmation /clarification from DTCP to this effect before further considering the matter.The matter to come up on 06.01.2025. |
OBJECTION |
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18-Nov-2024 |
Sh. Shashank Sharma, Associate Engineer Executive briefed about the facts of the project. Sh. Vijay Kumar Rai (General Manager), Sh. Om Singh (AR) and Sh. Vaibhav Tyagi (Architect) are present on behalf of the promoter.The Authority observes that DTCP has approved the phasing plan of the area comprising 14.843 acres vide memo no ZP-7751/JD(RD)/2024/29360 dated 17.09.2024 in already registered project with RERA vide registration no 58 of 2019 dated 24.09.2019 valid up to 30.06.2027 where 3rd party rights has been created by the promoter. However, it is noted that DTCP has approved the policy for phasing in licensed colonies and seeking 2/3rdconsent from the allottees in case of revision in the layout plan /building plan vide memo no Misc-862/2023/7/1/2023-2TCP/11689-91 wherein it is mentioned about PHASING & ITS APPLICABILITY which is reproduced as below:For a licensed colony or part of it, which is yet to be registered by RERA (though requiring registration before creation of third-party rights), the coloniser shall disclose to the Director, its plan for development of such colony, or part of it, in phase(s). An undertaking from the coloniser regarding such non-registration of the colony or such part of it shall be considered adequate along with such disclosure.Further, it has been observed that major changes have been approved in the revised building plans by the Department of Town and Country Planning vide memo no ZP-775-II/SD(RD)/2024/35515 dated 20.11.2024. Keeping in view of the above, the Authority decides to seek confirmation /clarification from DTCP to this effect before further considering the matter.The matter to come up on 06.01.2025. |
EXAMINATION BY AUTHORITY |
View Order |