| 29-Sep-2025 |
Sh. Ashish Kush, Planning Executive briefed about the facts of the case.
Sh. Manish Yadav and Sh. S.P
Chopra (Advocate) are present on behalf of the promoter.
Sh. Yogesh Yadav (Advocate) appeared
and states that an objection/complaint has been filed on behalf of M/s
Interstate Development Design & Engineering Concultancy Pvt. Ltd. in
respect of public notice in the present matter. It is alleged that they are the
owner of the land parcel situated at Sector 89A, Gurugram falling under Khewat
no. 861 khatauni no. 911, 912, 914, 915 and Khewat no. 906 khatauni no. 961,
total admeasuring 29.52 acres. It has further been contended that M/s Arttech
Elegant Home LLP, the promoter has allegedly encroached upon a portion of the
complainant’s land with ulterior motives of additional construction illegally
on the land which is not owned by the license holder. The complainant has also stated
that a civil suit bearing no. CS/4322/2018 has been filed against the promoter
herein i.e., M/s Arttech Elegant Homes LLP regarding the land involved in the
project and is pending adjudication
before the Civil judge (Junior Division) Gurugram District Courts. By virtue of order
dated 09.07.2017, the Civil Court directed all parties to maintain status quo with respect to the
said land and restrained them from undertaking any construction activity
thereon until further orders. The said encroachement is shown as Khasra no. 53//18 admeasuring
encroached area 2522.6 sq. yards, Khasra no. 53//19 admeasuring encroached area
1431.7 sq. yards, Khasra no. 53//22 admeasuring encroached area 1858 sq. yards
and Khasra no. 75//3 admeasuring encroached area 499 sq. yards. Thereafter, M/s
Arttech Elegeant Homes LLP in connivance with Mr. Rajan Thind has purchased the
said project land in the month of October 2024.
In response, the
Authorized Representative of the promoter has submitted that there is no
pending litigation with respect to the licensed land for which registration has
been sought. It is further stated that the area mentioned by the complainant
does not fall within the licensed land as per the sanctioned license granted by
the competent authority.
Upon consideration of
the submissions and after examining the documents on record, the Authority
observes and concludes as follows:
·
The land parcels alleged by the complainant as
encroached upon do not fall within the licensed area for which registration is being
sought by the promoter.
·
The promoter has also clarified on record that no
litigation is pending in respect of the licensed area forming part of the
subject project.
·
Accordingly, the complainant's grievance does not
pertain to the licensed land under the jurisdiction of this Authority.
In view of the above,
the Authority finds no bar to the processing of the application for registration
of the licensed land in question. However, if the complainant is aggrieved by
any alleged encroachment or unlawful construction on land, they are at liberty
to pursue appropriate legal remedies before the competent civil court or
appropriate authority, in accordance with law.
The Authorized
Representative of the promoter submits that presently, the Environment clearance, Fire Scheme
Approval and Approved service plans and estimates are under process and the
said approvals have not yet been obtained as on date. Further, the AR of the promoter undertakes to obtain and
submit:
i.
The Approved Environmental Clearance within 6 months
from the date of grant of registration, and
ii.
The Fire Scheme Approval and Approved Service Plans
and Estimates within 4 months from the date of grant of registration.
Further, he
undertakes to submit three Demand Drafts / Bank Guarantees amounting to Rs. 25
lakhs each, as a security deposit for timely compliance with the above
requirements. It is also expressly undertaken that in the event of failure to
obtain and submit the aforesaid approvals within the stipulated time frames,
the said security amount(s) shall be liable to be forfeited by the Authority.
The Authority has
taken note of the submissions made by the Authorized Representative of the
promoter regarding the non-availability of the aforesaid statutory approvals as
on date. In view of the above, and in the interest of regulatory compliance,
the Authority hereby directs that the promoter shall submit three separate
Demand Drafts / Bank Guarantees, each amounting to Rs. 25,00,000/- (Rupees
Twenty-Five Lakhs only), in favour of the Authority, as security amounts for
timely submission of the following approvals:
a. Environmental
Clearance: within 6 months from the date of grant of registration;
b. Fire Scheme Approval:
within 4 months from the date of grant of registration; and
c. Approved Service
Plans and Estimates: within 4 months from the date of grant of registration.
In the event of
non-submission of any of the above approvals within the prescribed time frames,
the corresponding security amount shall stand forfeited by the Authority, and
such failure may also attract additional regulatory action as permissible under
the Act of 2016, rules and regulations made thereunder.
Approved as proposed subject to rectification of deficiencies mentioned
above.
The Registration Certificate shall be issued after submission of
remaining deficiencies mentioned above including correction in A-H form, Online
DPI and submission of three BG/DD of Rs. 25 lakhs each for submission of Approved Environment Clearance,
Fire Scheme approval and approved Service plan and Estimates within the
timeframe mentioned above. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |
| 08-Sep-2025 |
Sh. Ashish Kush, Planning Executive and Sh. Ashish Dubey, Chartered
Accountant briefed about the facts of the case.
Sh. Manish Yadav is present on behalf of the company.
It is noted that the present license 16 of 2025 dated 30.01.2025 is
granted for the development of Group Housing Colony under Retirement Housing
policy after migration from Affordable group housing colony bearing license no.
20 of 2024 dated 09.02.2024.
The AR of the promoter stated that the project under license no. 20 of 2024 dated 09.02.2024 was not
registered with the Authority as well as the other approvals like building
plans, Environment Clearance were not sanctioned except the issue of license.
Further, stated that no advertisement, marketing, booking or sale was made in
respect of license no. 20 of 2024. An affidavit regarding the above has been
submitted in the Authority.
In view of the above, the promoter is
directed to issue a public notice of 10 days in three prominent newspapers (Two
English and One Hindi) for inviting objections, if any in respect of the above
statement. Further directed the promoter to submit the road access permission
alongwith the remaining deficiencies mentioned above.
The AR of the promoter seek two weeks time to submit the remaining
deficiencies.
The matter to come up on 29.09.2025. |
EXAMINATION BY AUTHORITY |
View Order |