24-Feb-2025 |
Ar. Neeraj
Gautam, Associate Architectural Executive and Ms. Asha, Chartered Accountant
briefed about the facts of the project.
Sh. Rajeev Gupta (Sr. VP) and Sh.
Ankit Goenka (GM) are present on behalf of the promoter along with one of the
landowners of the project accompanied by his counsel. The counsel of the
landowner had submitted a representation in the Authority regarding dispute
between the landowner and the applicant promoter regarding delay in completion
of project and allocation of units as per collaboration agreement of the
project. Although, Authority observes
that the colony has been granted license by DTCP on the basis of collaboration
agreement which is duly registered and irrevocable.
The AR of the
promoter states that
phase 1 of the project has already been registered by the Authority vide
registration no. 89 of 2024 dated 28.08.2024 and the current application is
for the registration of phase 2 of the project duly approved by DTCP vide memo
no. ZP-863-VOL-II/AD(VK)/2024/21154 dated 12.07.2024. The consent of 2/3rd
of the allottees along with the issuance of public notice has already been
submitted at the time of registration of phase 1 of the project and no change
has been made thereafter. Further, the case for grant of environmental
clearance for revision and expansion is recommended from SEAC to SEIAA in its
309th meeting dated 09.01.2025. The AR of the promoter further
states that the collaboration agreement based on which the license has been
granted is irrevocable in nature and the both the parties are in the process of
resolving the dispute. The AR requests the Authority to grant the registration
and assures that they will abide by the order of arbitration regarding allocation
of units to the landowner as per above collaboration agreement.
The Authority observes
that the landowner, namely Sh. Nitin Kataria who has submitted a representation
objecting to the registration of the phase 2 of the project and applicant
promoter, have already engaged in arbitration proceedings before the arbitrator
appointed by the Hon’ble Delhi High Court. The relevant portion of the order
dated 03.01.2025 passed by the Hon’ble High Court of Delhi is reproduced as
below:
“
3. The cause of
action arises from a legal notice dated 14th November 2024 issued by
the respondents terminating the said agreement of facts and circumstances as
stated in the said legal notice, essentially that the petitioners were not
complying with the obligations in the agreement in facts and circumstances
stated in the said notice.
4. Response to the
same was addressed on 26th November 2024, by the petitioner, which
was duly received by respondents. Aside from specifically responding to the
allegation in the legal notice, it was mentioned that to mitigate the situation
and in the interest of all stakeholders, without prejudice to the rights and
remedies of the petitioners, the petitioners were ready to have a dialogue on
the aspect of allocation of the units and put the entire controversy to rest.
5. Mr. Jayant Mehta,
Senior Counsel appears for petitioner and Mr. Jatan Singh, Senior Counsel
appears for respondents. They state on instructions, that they are willing to
refer the matter to arbitration before a sole arbitrator. It is agreed that the
arbitration be conducted under the aegis of the Delhi International Arbitration
Centre (DIAC).
6. The parties have
agreed to appoint HMJ (Retd.) Rajiv Shankar Shakhdher, former Judge of this
court as the sole arbitrator in this matter. The arbitration will be conducted
in accordance with the rules of DIAC, including the renumeration, which is
payable to the arbitrator.
7. Counsels for the
parties state that prior to commencing of arbitration proceedings, they will
make attempts to resolve the matter through mediation within a period of two
weeks, failing which the process of arbitration shall commence.
8. Any urgent
interim relief, if necessitated, by either party, may be taken up under the
provisions of Section 17 of the Act, before the arbitrator.
9. Mr. Jayant Mehta,
Senior Counsel for petitioner states the RERA registration had been obtained on
28th August, 2024, listing the respondents as part of the promoters/
license holders. Mr. Jatan Singh, Senior Counsel for respondents, however,
refutes the same based on interpretation of the RERA conditions.
10. Mr. Jatan Singh,
Senior Counsel for respondents, on instructions states that they shall not be
taking any precipitative action till either the matter is resolved in mediation
or till application filed by petitioner, if any, is disposed of by the
arbitrator.
11. In the meantime,
the petitioner shall make a disclosure of all the units that they are disposing
of, in terms of an affidavit, which shall be placed before the arbitrator.”
The Authority is
of the view that it cannot indefinitely delay the registration of the project
simply on account of the dispute inter se the landowner and the applicant
promoter who has the requisite approvals from the competent authorities for the
registration of the project. In view of the above, the Authority approves the
registration of the project subject to the decision regarding dispute between
the landowner Sh. Nitin Kataria and the applicant promoter M/s 1000 Trees
Housing Pvt. Ltd. Further, the promoter is directed to disclose the details of
pending litigation in form REP-I as well as in brochure and advertisement
material of the project. The same shall also be reflected in the registration
certificate of the project. The promoter shall disclose the final outcome of
the arbitration proceedings within a period of 15 days of the decision in this
regard. The promoter shall submit the revised EC within 4 months from the date
of grant of registration certificate.
The certificate
shall be issued after the rectifications in DPI and for REP-I and other
deficiencies pointed above. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |
08-Jan-2025 |
Ar. Neeraj Gautam,
Associate Architectural Executive and Ms. Asha, Chartered Accountant briefed
about the facts of the project.
Sh. Rajeev Gupta (Sr. VP), Sh. Ankit
Goenka (GM), Sh. Deeptanshu Jain (Advocate) Sh. Manender Kumar (Manager) are
present on behalf of the promoter.
The applicant promoter along with one
of the landowner/collaborator appeared in the hearing and stated that in
pursuance of the directions passed by the Hon’ble Delhi High Court in the issue
pertaining to the allotment of units is to be resolved within two weeks and the
land owner has been restrained from taking any precipitative action. One
meeting has already been held and the matter is to be resolved by 17.01.2025.
Accordingly, in view of the same the matter is adjourned to 20.01.2025. |
ADJOURNMENT |
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30-Dec-2024 |
Ar. Neeraj Gautam,
Associate Architectural Executive and Ms. Asha, Chartered Accountant briefed
about the facts of the project.
Sh. Yogesh Kumar Sharma (AGM) and Sh.
Narendra Kumar (Manager) are present on behalf of the promoter and state that
phase 1 of the project has already been registered by the Authority vide
registration no. 89 of 2024 dated 28.08.2024 and now application is for the
registration of phase 2 of the project duly approved by DTCP vide memo no.
ZP-863-VOL-II/AD(VK)/2024/21154 dated 12.07.2024. The consents of 2/3rd
of the allottees along with the issuance of public notice has already been
submitted at the time of registration of phase 1 of the project and no change
has been made thereafter.
Later on, one of
the landowners accompanied by his counsel appeared and submitted his
representation requesting to direct the promoter for earmarking the allocation
of units as per collaboration agreement before registration. Although,
Authority observes that the colony has been granted license by DTCP on the basis
of collaboration agreement duly registered and is irrevocable, and the share of
individual landowners is to be allocated accordingly. However, to clarify the
same, a copy of representation be forwarded through email to the applicant
promoter for his comments and clarifying the allocation of units along with
other deficiencies before the next date of hearing.
The matter to
come up on 08.01.2025 at 03:00 PM. |
ADJOURNMENT |
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