21-Apr-2025 |
Sh. Sumeet,
Engineering Officer and Sh. Ashish Dubey, Chartered Accountant briefed about
the facts of the case.
Sh. Rahul Sharma (AR)
is present on behalf of the promoter.
A public notice
regarding revised layout plan was published in three newspapers against which various
objections were received in the Authority. The Authority has passed a detailed
order regarding the same wherein it is observed that:
1.
The recent approved layout plan after grant of
additional license is not a revised layout plan in terms of para 3.1.2.ii of
DTCP policy dated 24.04.2023 as clearly decided by ACS, TCP, Haryana vide order
dated 14.11.2024 in appeal no. 87 of 2024 as the changes made in the earlier
layout plan are limited to 0.88 acres which is less than 1 acres.
2.
The additional license no. 165 of 2024 dated
28.11.2024 has been issued in the name of Countrywide Promoters Pvt Ltd but
later on DTCP orders dated 28.01.2025 that in compliance of the Hon’ble NCLT,
Chandigarh orders dated 20.09.2024 license no. 165 of 2024 dated 28.11.2024
shall now be considered to be granted in favour of BPTP Ltd.
3.
DTCP, Haryana has granted the additional license and
accordingly approved the layout plan of the plotted colony as per the norms
keeping in view the basic amenities/services/facilities/infrastructure etc.
required for the development of residential plotted colony. Any deficiency in
the same as approved in layout plan may be taken up with DTCP, Haryana.
4.
A bare perusal of the objections shows that the
allottees/RWA have general issues with the promoter developer regarding the
project amenities/specifications etc.
for which any aggrieved person may file a complaint with the authority
in prescribed format under provisions of Section 31 of the Act, 2016. Further,
a complaint has already been filed by RWA vide complaint no. 759 of 2023 which
is being dealt by the authority in its court proceedings.
5.
The promoter is bound to submit the required
documents for grant of RERA registration of the project and the Authority will
process the application after due examination of same. Once the registration is
granted each document shall be available for public viewing and perusal on the
website of the Authority.
The AR of the
promoter states that they have already submitted the two DDs amounting Rs 25
lakhs each as a security deposit to submit the approved service plan &
estimates and environment clearance within four months of grant of registration
to the project and request to grant the registration to the project.
The promoter has
applied for registration of the project over an additional licensed area
measuring 9.903 acres
vide additional license no. 165 of 2024
dated 28.11.2024. After grant of additional license, combined layout plan of
residential plotted colony has been approved and a perusal of the same clearly
states that some additional plots are in share of two separate licensed areas
as the additional licensed land is adjacent to earlier sanctioned licensed land
wherein there was UD (Undetermined area) and now after grant of additional
license, the promoter has utilized the UD area and demarcated the plot area
over that area attached with additional licensed area.
The earlier
licensed area of the promoter, adjacent to the new additional licensed area for
which the present application for registration has been submitted, is
registered vide RC no. 31 of 2020 dated 09.10.2020 and 54 of 2021 dated
21.09.2021. In the earlier registered projects, there was some area shown as
“Undetermined Use” (UD) which has now been converted to planned area wherein
plots have been demarcated due to grant of the additional license. Such plots
wherein the UD area adjacent to additional licensed area in the above
registered projects has been converted into new plots shall be reflected in the
new registration certificate. The changes in the above registered projects
shall also be reflected in addendums to be issued for the respective
registration certificates.
Approved subject to
above. Further, an addendum to the already registered projects be also issued
stating that some UD areas adjacent to additional licensed land vide license
no. 165 of 2024 dated 28.11.2024 have been converted in planning and the plots
demarcated over those areas have been considered in the new registration
certificate for the additional licensed project.
The registration
certificate shall be issued after submission of remaining deficiencies
mentioned above including correction in A-H form and Online DPI.
Detailed order on
the objections shall follow. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |
16-Apr-2025 |
The mater is adjourned and to come up on 21.04.2025. |
ADJOURNMENT |
View Order |
07-Apr-2025 |
The matter is adjourned and to come up on 16.04.2025 at 03:00 PM. |
ADJOURNMENT |
View Order |
10-Mar-2025 |
Sh. Sumeet,
Engineering Officer and Sh. Ashish Dubey, Chartered Accountant briefed about
the facts of the case.
Sh. Rahul Sharma (AR) is
present on behalf of the promoter.
Sh. Sher Singh and Sh. Swarn
Singh are present on behalf of the RWA of Amstoria Country Floors, Sector 102,
Gurugram.
Sh. Arun Yadav
(Advocate), Sh. Sneh Singh are present as resident/allottee in the project.
Arguments heard. A
detailed order will be passed regarding the objections received in the
authority.
The matter to come
up on 07.04.2025. |
ADJOURNMENT |
View Order |
03-Mar-2025 |
Sh. Sumeet, Engineering Officer and
Sh. Ashish Dubey, Chartered Accountant briefed about the facts of the case.
Sh. Rahul Sharma (AR) is present on
behalf of the promoter.
Sh. Bikram Chatterji (Advocate)
along with RWA members (Sh. Sher Singh, Sh. Rajesh Bhardwaj & Sh. Swarn
Singh) is present on behalf of the RWA of Amstoria Country Floors, Sector 102,
Gurugram.
Sh. Arun Yadav, Sh. Sumer Singh and
Sh. Rambir are present as resident/allottee in the project.
The Association of allottees of
existing colony and residents of the colony have submitted the objections
against the public notice issued for revision in layout plan of the residential
plotted colony. The copy of same be supplied to the applicant promoter for
filing reply within three days.
The matter to come up on
10.03.2025. |
ADJOURNMENT |
View Order |
11-Feb-2025 |
Sh. Sumeet,
Engineering Officer and Sh. Ashish Dubey, Chartered Accountant briefed about
the facts of the case.
Sh. Rahul Sharma
(AR) is present on behalf of the promoter.
Sh. Mohinder Singh, Sh. Jasbeer Singh, Sh. Chanderbhan Singh, Sh.
Satyawan, Sh. Narender Pal, Sh. Satpal and Sh. Bijender, landowners are present
before the authority and states that they have no concern/objection with regard
to area/plot allotted to them in terms of collaboration agreements.
It is observed that the layout plan now submitted in the
present registration application affects existing area and some adjoining plots
of RC no. 31 of 2020 and 54 of 2021. Although as per policy issued by DTCP,
Haryana vide memo no. Misc-862/2023/7/1/2023-2TCP/11689-91 dated 24.04.2023
clause 3.1.2.ii, the present change does not constitute revision of layout plan
for seeking 2/3rd consents of the concerned allottees, the authority
considers it appropriate to issue a public notice for two weeks in three
newspapers (two English and one Hindi) of wide circulation providing
details of the concerned RC’s affected and inviting objections with regard to
present application for registration.
The matter to come
up on 03.03.2025. |
ADJOURNMENT |
View Order |
05-Feb-2025 |
Sh. Sumeet, Engineering Officer and Sh. Ashish Dubey, Chartered
Accountant briefed about the facts of the case.
Sh. Rahul Sharma (AR) is present on behalf of the promoter.
Sh. Sudhakar Agarwal is also present who filed an objection
against revised layout plan and states that he booked a floor on plot no. A-103
from the promoter wherein the floor/unit was shown to him as three side open
for which PLC was also charged. Now the promoter has created plot no. A-102
adjacent to plot no. A-103 due to which his unit will be left two side open and
submits the objection against the same.
The AR of the promoter states that the status of plot no.
A-103 has not been changed as the same stands approved in the layout plan of
the colony since 2012 with two sides open with plot no. A-102 & A-104
abutting the said plot no. A-103. There is no revision in that particular area
wherein the plot no. A-103 is located in the revised layout plan of the project
approved at the time of granting additional license for which registration is applied
herein. Further the promoter undertakes to submit an undertaking in this
regard.
A perusal of the earlier approved plan and revised layout
plan depicts that there is no revision in the area where the objections have
been filed.
In view of the above, the objection is without merit and the
complainant may file a complaint under the relevant provisions with the
authority with regard to his grievances if any.
The license has been issued in collaboration with landowners
and there is area sharing collaboration between the developer promoter and the
landowners. Therefore, the land owners/collaborators are also requested to
appear before the Authority to present their concerns if any. An intimation
through mobile phone/email should be sent by office to the land owners to
appear before the authority on next date of hearing.
The matter to come up on 11.02.2025 at 03.00 PM. |
ADJOURNMENT |
View Order |
27-Jan-2025 |
Sh. Sumeet,
Engineering Officer and Sh. Ashish Dubey, Chartered Accountant briefed about
the facts of the case.
Sh. Rahul Sharma
(AR) is present on behalf of the promoter.
The AR of the
promoter states that the promoter has obtained the additional license for area
measuring 9.903 acres in addition to the existing residential plotted colony
measuring 133.705 acres and accordingly layout plan of the project has been
revised. There is minor revision in existing layout plan converting the UD
areas into planning etc., but the same are limited to less than 1 acres without
affecting the green areas and thereby as per phasing policy dated 24.04.2023
point no. 3.1.2.ii, the same shall not be construed as
revision of layout plan. Accordingly, the consents of 2/3rd existing
allottees are not required in the instant case. The point no. 3.1.2.ii of the phasing
policy dated 24.04.2023 is reproduced further;
1.
WHAT CONSTITUTES REVISION OF
LAYOUT/ BUILDING PLAN OR OTHERWISE:
1.1.1
……..
1.1.2
However, additions or alterations
in the layout/ building plan made on account of the following shall not be
construed as revision of layout/ building plan, where:
i.
……
ii.
the existing layout/ building plan
of the colony is getting amended on account of grant of license for additional
area with changes limited to an area not exceeding five percent but not exceed
1 acres, without disturbing the green areas, of the amended combined layout
plan to enable proper connectivity and proper planning;
A public notice in
three newspapers dated 17.01.2025 (i.e., The Tribune, Hindustan Times and
Hindustan) for inviting objections regarding registration of project and
revision in layout plan of the project has already been published against which
no objections have been received and none appeared before the authority today.
The AR of the
promoter request for one weeks’ time to submit the letter issued from DTCP,
Haryana recognizing M/s BPTP Ltd as a developer promoter for the project along
with other deficit documents.
The matter is
adjourned and to come up on 05.02.2025 at 03:00 PM. |
ADJOURNMENT |
View Order |
13-Jan-2025 |
The matter is adjourned and to come up on 27.01.2025. |
ADJOURNMENT |
View Order |
30-Dec-2024 |
The matter is adjourned and to come up on 13.01.2025. |
EXAMINATION BY AUTHORITY |
View Order |