30-Jun-2025 |
Ar. Neeraj Gautam, Associate Architectural Executive
and Sh. Ashish Dubey, Chartered Accountant briefed about the facts of the
project.
Sh. Abhishek Kanodia (AR). Sh. Sandeep Chhillar (AR)
and Sh. Narender Singh Dalal (AR) are present on behalf of the promoter.
The Authority disposed of the complaint filed by Sh.
Jai Prakash S/o Suraj Bhan and others in respect of the present application
dated 03.02.2025 submitted by the promoter for the project namely “SKYVUE”
under section 4 of Real Estate (Regulation and Development), Act 2016 vide
order dated 26.05.2025 with the following directions:
(i)
Since
the matter relating to the disputes arising from collaboration agreement are
already pending before the Civil court, the promoter is directed to disclose
the ongoing litigation/ dispute in the brochure and advertisement/ marketing
material as well as the agreement to sell in the interest of the allottees as
and when the project is registered.
(ii)
The
promoter is directed not to create any third-party interests in the remaining 3.975 acers
project land available to be developed in Phase-III without prior permission
from this Authority and the settlement of dispute between the landowners and
the Developer.
The site of the project was visited by the concerned
executive and it is submitted by the concerned executive that the 30 m approach
road to the site is yet to be developed. In the meantime, the site is accessed
through 2 Karam wide revenue road. The promoter is directed to disclose the
same in the brochure and advertisement/ marketing material of the project.
It is further noted that the proceeding regarding non
registration of the project under suo motu case no. RERA-GRG-1395-2024 is
pending for consideration and shall be dealt separately.The AR of the
promoter is further directed to declare the details of ongoing litigation in
the past five years in relation to the real estate projects developed or being
developed by the promoter in the State, if any, in accordance with Rule
14(1)(a)(iii) of the Haryana Real Estate (Regulation and Development) Rules,
2017 in the format provided under Annexure- C of the Rules, 2017.
In view of the above, the registration of the project
is approved as proposed subject to the compliance of the above directions and
rectification of the remaining deficiencies. The promoter shall submit the
approvals of revised fire scheme and revised service plans and estimates within
4 months of issuance of the registration certificate failing which the security
amount submitted by the promoter in form of the bank guarantees shall be
forfeited in the favour of the Authority.
Further, the list of units allocated to the landowners
submitted by the promoter shall be uploaded on the website of the Authority.
The registration certificate of the project shall be
issued after the rectification of deficiencies listed at S. No. 21 above and
verification of the bank guarantees submitted by the promoter. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |
23-Jun-2025 |
Ar. Neeraj Gautam,
Associate Architectural Executive and Sh. Ashish Dubey, Chartered Accountant
briefed about the facts of the project.
Sh. Abhishek Kanodia (AR).
Sh. Sandeep Chhillar (AR) and Sh. Narender Singh Dalal (AR) are present on
behalf of the promoter and state that the deficit fee along with other
deficiencies is being submitted in the registry of the Authority today which be
examined by the concerned Planning Executive.
The matter to come up on
30.06.2025. |
ADJOURNMENT |
View Order |
16-Jun-2025 |
|
ADJOURNMENT |
View Order |
26-May-2025 |
|
ADJOURNMENT |
View Order |
12-May-2025 |
Ar. Neeraj Gautam,
Associate Architectural Executive and Sh. Ashish Dubey, Chartered Accountant
briefed about the facts of the project.
Sh. Sukhbir Yadav
(Advocate) is present on behalf of the complainant landowners
Sh. Abhishek Kanodia (AR),
Sh. Sandeep Chhillar (Director) and Sh. Amarjeet Kumar (Advocate) are present
on behalf of the promoter.
The order with respect to
the complaint filed by the landowners will be pronounced on the next date of
hearing. The promoter is directed to rectify the remaining deficiencies in the
application before the next date of hearing.
The matter to come up on
26.05.2025. |
ADJOURNMENT |
View Order |
21-Apr-2025 |
Ar. Neeraj Gautam,
Associate Architectural Executive and Sh. Ashish Dubey, Chartered Accountant
briefed about the facts of the project.
Sh. Sukhbir Yadav
(Advocate) is present on behalf of the complainant landowners and states that
the collaboration agreement between the landowners and the promoter is
unregistered and the power of attorney stands cancelled by the landowners as on
date. The registered collaboration agreement is a mandatory document for the
registration of the project. The counsel for the complainants further states
that the developer is grossly violating Section 3(1) of the RERA Act and is
liable to be punished u/s 59 of the Act, 2016 as the advertisements for sale of
the units in the above phase which is yet to be registered are being made
through social media/online marketing.
Sh. Abhishek Kanodia (AR),
Sh. Sandeep Chhillar (Director) and Sh. Amarjeet Kumar (Advocate) are present
on behalf of the promoter. The Director of the applicant promoter denies the
allegations made by the complainants and states that no advertisement of any
kind in respect of the above phase has been undertaken and legal action for any
such unauthorized advertisements shall be taken. The AR further states that the
collaboration agreement between the applicant promoter and the landowners was
executed on 08.08.2010. The said collaboration agreement did not fall within
the definition of an “Instrument chargeable with stamp duty” on the day when
the said document was signed. The Collaboration/ Development agreement was made
registrable in nature only by way of The Indian Stamp (Haryana Amendment) Act,
2013 dated 01.10.2013. Thus, on the day when the said document was executed,
there was no requirement at all for registration and the stamp duty.
Both parties have filed
written submissions with copy to each other.
Meanwhile, a prominent
public notice shall be issued in three newspapers of wide circulation (one
Hindi and two English) for objections, if any, regarding revised building plans
of the project.
Detailed order on the complaint
will be pronounced on the next date of hearing.
The matter to come up on
12.05.2025. |
ADJOURNMENT |
View Order |
24-Mar-2025 |
Ar. Neeraj Gautam,
Associate Architectural Executive and Sh. Ashish Dubey, Chartered Accountant
briefed about the facts of the project.
Sh. Sandeep Chhillar (AR), Sh. N.S. Dalal
(AR), Sh. Abhishek Kanodia (AR) and Sh. Amarjeet Kumar (AR) are present on
behalf of the promoter.
Sh. Sukhbir Yadav (Advocate) is present on
behalf of Landowners and stated that the collaboration agreement between the
landowners and the promoter is unregistered and the power of attorney stands
cancelled by the landowners as on date. The registered collaboration agreement
is a mandatory document for the registration of the project. Further, the land
of the landowners in the project is in sharing which cannot be earmarked.
The promoter states that they are ready to
allocate the units to the landowners in the already developed area but the
landowners are not accepting their proposal.
Arguments heard.
The complainant and the respondent are
directed to make the written submissions to the Authority.
The matter to come up on 21.04.2025. |
ADJOURNMENT |
View Order |
10-Mar-2025 |
Ar. Neeraj Gautam,
Associate Architectural Executive and Sh. Ashish Dubey, Chartered Accountant
briefed about the facts of the project.
Sh. Abhishek Kanodia (AR), Sh. Sandeep
Chhillar (AR) , Sh. Amarjeet Kumar (AR)
and Sh. N.S. Dalal (AR) are present on behalf of the promoter.
Sh. Sukhbir Yadav (Advocate) is present on
behalf of Landowners.
The counsel for the landowners is directed to
submit the formal compliant in the Authority within one week and provide a copy
thereof to the promoter for submission of comments, if any.
The office to examine the same.
The matter to come up on 24.03.2025. |
ADJOURNMENT |
View Order |
24-Feb-2025 |
The matter is adjourned and to come up on 10.03.2025. |
EXAMINATION BY AUTHORITY |
View Order |