| 01-Dec-2025 |
Sh. Ashish Kush, Planning Executive and Ms. Asha, Chartered Accountant
briefed about the facts of the case.
Sh. Vijay Singh (AR), Ms. Julie Jha(AR), Ms. Sonam Sharma, Sh. Venket Rao
(Advocate) and Sh. Gunjan Kumar (Advocate) are present on behalf of the
promoter.
Sh. Dhruv Dutt Sharma (Advocate), Sh. Sayantan, Ms. Divya and Sh. Rohit
are present on behalf of the complainant i.e., M/s Glorii Education Technology
Pvt. Ltd.
The advocate on behalf of the complainant stated that the complainant was
co-sharer in the land under partition which is challenged in Hon’ble High Court
vide CWP No. 21373 of 2025. The next date of hearing in the matter is fixed for
02.12.2025. Further, stated that till the partition proceedings are not finalized
the registration of the project may not be granted.
The AR of the promoter states that:
i.
Out
of 16 Kanals 0 Marla land mentioned hereinabove, M/s Desert Moon Realtors Pvt.
Ltd. had a share of 7 Kanals 15 Marlas. That M/s Desert Moon Realtors Pvt. Ltd.
for getting its share of land partitioned and construct a separate Khewat,
submitted an Application before the Hon’ble Court of Assistant Collector IIND
Grade, Sub-Tehsil Kadipur, District Gurugram. That vide the Partition
Application a request was also made that during the partition, the land falling
in the share of M/s Desert Moon Realtors Pvt. Ltd. be adjoined with the share
of other khewat of M/s Desert Moon Realtors Pvt. Ltd. so that one contiguous
parcel of land can be formed for M/s Desert Moon Realtors Pvt. Ltd.
ii.
The
mode of partition was sanctioned on 28.06.2024, Naksha B was approved on 02.07.2024, Naksha Zim was issued on
02.08.2024, and Sanad Takseem was issued on 05.08.2024. The partition was implemented both
on the spot and in the revenue records. Mutation No. 4078 was sanctioned on
30.08.2024 in favour of the M/s Desert Moon Realtors Pvt. Ltd.
iii.
That,
subsequent to partition, a portion of land admeasuring 0.968 acres was sold to M/s Babler Projects Pvt. Ltd.
through registered sale deed vasika no. 7476 dated 30.08.2024 and mutation No. 4084 was sanctioned accordingly. Rapat No. 1403 dated 12.08.2024 records the
delivery of possession in favour of M/s Babbler Projects Pvt. Ltd, thus
negating M/s Glorii Education Technology Pvt. Ltd.'s claim that the proceedings
were not implemented.
iv.
Thereafter
M/s Glorii Education Technology Pvt.
Ltd had filed a Revision Petition against the Partition Order dated
28.06.2024 and Takseem. However, Revision Court vide its order dated 11.07.2025
upheld the Partition and dismissed the Revision Petition of M/s Glorii Education Technology Pvt. Ltd.
v.
During
the pendency of the approval of the License, M/s Glorii Education Technology Pvt. Ltd. raised
similar frivolous objections before the DTCP.
License No. 62 of 2025 was issued on 01.05.2025.
vi.
It is also pertinent to note that the Hon’ble High
Court while considering the CWP No. 21373 of 2025 on 14.11.2025, post approval
of the Zoning plans and Building plans, have reiterated their order for
continuation of interim orders dated 31.07.2025 and stated that the said status
quo pertains to “status quo of the land under partition”.
The Authority has considered the submissions made by
both parties and examined the records placed before it. At the outset, it is
noted that the role of the Authority under the Real Estate (Regulation and
Development) Act, 2016 (“the Act”) is that of a regulator, and its
jurisdiction at the stage of registration of a real estate project is confined
to verifying whether the application submitted under Section 4 of the Act read
with Rule 3 of the Haryana Real Estate (Regulation and Development) Rules, 2017
(“the Rules, 2017”), is complete in all respects and supported by true,
correct, and complete disclosures. Under the statutory framework, the Authority
is obligated to decide a registration application within 30 days of its filing.
In terms of Section 4(2)(l)(A) and (B) of the Act, a
promoter seeking project registration must submit a declaration supported by
affidavit confirming:
(i) the legal title to the land, along with legally valid documents;
and
(ii) that the land is free from all encumbrances, or alternatively,
complete details of all encumbrances or claims of any
kind—including any rights, title, interest, disputes, or claims of any
party—in or over the project land.
Rule 3(1)(e) of the Rules, 2017 further obligates
promoters to disclose “all dues, litigation, rights, title, interest and name
of any party in or over such land” along with a non-encumbrance certificate
issued by the competent revenue authority. Rule 14(1)(e)(ii)(D) mandates that
these very disclosures be published on the Authority’s website for public
scrutiny.
These statutory provisions clearly establish that
complete disclosure of litigation or claims affecting the project land is not
only permissible but mandatory, and the Authority must ensure truthful,
complete, and transparent disclosures by promoters before granting
registration. Sections 34 and 37 further require the Authority to secure
compliance by promoters and to issue such directions as may be necessary for
the proper discharge of its regulatory functions.
The Authority notes that the license for the present
project was granted by DTCP on 01.05.2025. The Zoning Plan and Building
Plans were subsequently approved on 17.10.2025 and 03.11.2025,
respectively. The pendency of CWP No. 21373 of 2025 before the Hon’ble High
Court pertains to proceedings relating to partition of land, in which the
Hon’ble High Court has continued the interim order of status quo regarding “the
land under partition.”
Given the statutory scheme as discussed above, the
Authority is not empowered to adjudicate on the validity of the partition
proceedings or the title claimed by any of the contesting parties. However, the
pendency of litigation affecting rights in the project land is a material
fact that the promoter is statutorily bound to disclose, and the Authority
is duty-bound to ensure that such disclosure is made available to the public at
large.
Accordingly, keeping in view the nature of the
ongoing litigation and in discharge of its obligations under Sections 34 and 37
of the Act, the Authority directs that a specific condition shall be
incorporated in the Registration Certificate to the following effect:
“The promoter shall
make full, complete, and prominent disclosure of the litigation pending before
the Hon’ble High Court in CWP No. 21373 of 2025, or any other proceedings
affecting rights in the project land, in all brochures, advertisements,
marketing or promotional materials, and on the promoter’s website with respect
to the project. The promoter shall also ensure that the said disclosure forms
an integral part of every agreement for sale executed with allottees.”
This condition is mandated to ensure transparency,
to safeguard the interests of allottees, and to fulfil the statutory duty of
the Authority to ensure truthful disclosures under the Act and the Rules, 2017.
For abundant clarity, the Authority further directs
that the promoter shall strictly comply with all orders passed by the Hon’ble
High Court in CWP No. 21373 of 2025, including any interim or subsequent
directions issued from time to time. The grant of registration by the Authority
shall not, in any manner, dilute, override, or affect the binding nature of the
orders of the Hon’ble High Court, and the promoter shall ensure full adherence
to the same at all stages of the project.
The AR of the promoter has submitted an application requesting for change of name of project from “The
Riviera at AIPL Lake City” to “Riviera at AIPL Lake City”. The AR of the promoter further states that they are in process of seeking
approval from DHBVN to lay the 11 KV line running on 4 Karam revenue road
underground, and the same is subject to approval from DHBVN. He also states that the site is accessible from 4 Karam wide
revenue road and 6 Karam wide revenue road which are existing.
The Authorized Representative of the promoter submits that
presently, Environment Clearance, Fire Scheme Approval, Approved service plans and
estimates and Mining Permission 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, Fire Scheme
Approval and Approved Service Plans and Estimates within 4 months from the date
of grant of registration.
ii.
Mining permission before the start of construction.
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 at point (i). 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. Approved
Environmental Clearance: within 4 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. Further, the promoter
shall submit the Mining permission before start of construction. Also, the promoter shall prominently
disclose in all advertisements, brochures, marketing materials, and promotional
content that the site presently has access only through 4 karam revenue road and 6
karam revenue road alongwith full particulars of the pending litigation as
directed above.
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 |