| 02-Feb-2026 |
Ms.
Nikita Mittal, Planning Executive and Sh. Ashish Dubey, Chartered Accountant
briefed about the facts of the project.
Sh.
Rajeev Gupta (Sr. VP), Sh. Narendra Kumar (Manager), Sh. Praveen Verma (Sr.
Manager), Sh. Anuj Mittal (Asst. Manager) are present on behalf of the
promoter.
The
Authorized Representative of the promoter submits that they have applied for Phase-2
admeasuring 1.63 acres consisting of 19 no. of villas for which phasing plan
has been obtained from DTCP vide Memo No. ZP-760/SD(RD)/2025/35552 dated 09.09.2025
and revised building plan for Phase-2 has been obtained vide Memo No.
ZP-760/SD(RD)/2025/48150 dated 19.12.2025 valid upto 18.12.2027 and
has accordingly submitted an application for registration under Section 4 of
the Act, 2016 for Phase-II on 24.12.2025.
Meanwhile,
OC has been obtained for Phase-1 (Block A, B, C & D), Phase-3 (Community
& Convenient Shopping) and EWS Block vide Memo no. ZP-760/AD(RA)/2019/12813
dated 20.05.2019 and has not been registered with the Authority. It was further
submitted that no revisions have been made in the phases for which OC’s have
been obtained, whereas the revised building plan pertains only to Phase-II which
was approved on 19.12.2025.
Further,
the AR states that no sale has been made in the phase II i.e., the phase which
is applied for the registration under the present application and thus, consent
as per section 14(2)(ii) of the Act is not required. In this regard, the
promoter is directed to submit a notarized affidavit sworn by the Managing
Director of the promoter company.
Meanwhile,
the promoter has submitted an undertaking that the road access permission shall
be submitted before seeking completion certificate. A condition to the same
effect shall be incorporated in the registration certificate.
The
Authorized Representative of the promoter submits that presently, the revised
Environment clearance, revised Fire Scheme Approval and revised 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, andii. 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. An
objection against a public notice has been received in the Authority submitted
by Sh. SK Singh dated 13.01.2026 whereas none appeared on the behalf of
complainant despite waiting sufficiently. The Authority observes that the
objections raised by him have already been delineated by the authority
hereinabove as the phasing of the project has been approved by the DTCP vide Memo No. ZP-760/SD(RD)/2025/35552 dated
09.09.2025 and as per explanation to section 3 of the Act, a real estate
project can be developed in phases and every such phase is considered as a
stand alone real estate project; with respect to Environmental Clearance, Fire
scheme approval as well as service plans and estimates, the decision has been
taken by the Authority hereinabove; With respect to violation of section
14(2)(ii) of the Act, the promoter has stated that there in no change in the
over all area of the project except changes in phase II wherein no third part
rights have been created till date and the promoter has already been directed
to submit an affidavit on the basis of the undertaking as stated and recorded hereinabove.
As per section 14(1) of the Act, the promoter is under an obligation to develop
and construct the project in accordance with the approved sanctioned plans, lay
out plans and specifications approved by the competent authorities. In case of
any deviation from the sanctioned plans, the aggrieved may approach the
concerned court/department of appropriate jurisdiction. Further, it is observed
that the documents as required under section 4 of the Act read with rule 3 and
4 of the Rules, 2017 has been submitted by the promoter except deficiencies as mentioned
above at Sr. No. 31 and such deficiencies will also be rectified prior to the
issuance of the registration certificate. It is clarified that for any
individual grievance, a separate complaint may be filed by the aggrieved as per
the applicable law. Thus, no ground is made out for not allowing the present
application for registration under section 4 of the Act. Approved
as proposed subject to rectification of deficiencies mentioned above at Sr. No.
31.
The
Registration Certificate shall be issued after submission of remaining
deficiencies mentioned above at Sr. No. 31 including deficit fee, corrections
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 |