| 05-Jan-2026 |
Sh. Ashish Kush, Planning Executive and Sh. Ashish Dubey, Chartered
Accountant briefed about the facts of the case.
Sh.
Abhishek Kanodia (AR) and Sh. Narender Singh Dalal (AR) are present on behalf
of the promoter.
It is
noticed that seven objections have been received through email dated 29.12.2025
however no one is present on behalf of the complainant. The complainants submitted
to the Authority via email that they are the unique allottees of Phase 1 of the
project namely “Landmark Cyber Park Phase1” and
the promoter has not yet completed the construction and development of Phase 1
as per the original sanctioned plan. Several essential services and amenities remain
incomplete and undelivered. Further states that they are group of 36 allottees
whose units have not been completely constructed and not allotted or given
possession of their units. Thus, out of 163 unique allottees as per the notice
there are at least 36 allottees who have not submitted their consent. They
further submitted that since the Authority is shutdown on account of Christmas
and New Year holidays, most of their advocates are on leave and therefore they
will not be able to appear in person as required under the notice. Accordingly,
they have requested the Authority to grant them one month time to file their
objections and to appear before the Authority.
Furthermore,
they have requested the Authority not to grant any approval for alteration or
addition in the existing sanctioned plan until the promoter fulfils its
obligations in respect of Phase 1 in its entirely, in
accordance with the sanctioned plan and the commitments made to the allottees.
The Authority has considered the submissions made by
the complainants 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.
The Authority observes that the promoter has
obtained the Occupation Certificate for Phase 1 from DTCP, Haryana on
26.12.2018. The promoter has submitted the consent of more than two-third
existing allottees. It is verified from the record that the promoter has not
submitted the consent of the above seven allottees whose objections has been
received in the Authority, however, the complainants has not shared the details
of 36 allottees as mentioned in their email. Further, the Authority was not shut
down and was functional during the period and the opportunity was given to all
the allottees to appear before the Authority.
The Authorized Representative of the promoter submits that
presently, Revised Environment Clearance, Revised Fire Scheme Approval, Revised
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 Revised Environmental Clearance within 6 months
from the date of grant of registration.
ii.
The Revised Fire Scheme Approval and Revised Service
Plans and Estimates within 4 months from the date of grant of registration.
iii. Mining permission
before the start of construction work.
Further, he submitted
three Bank Guarantees vide no. 250261BG000040, 250261BG000039 and
250261BG000038 dated 30.12.2025 amounting to Rs. 25 lakhs each, as a security
deposit for timely compliance with the above requirements at point (i) and (ii).
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 promoter has submitted three separate 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 approvals mentioned above.
In the event of
non-submission of any of the above approvals within the prescribed time frame,
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 work.
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 and
Online DPI along with the notarized affidavit from the Director of the promoter
company regarding the submission of consents of two third existing allottees of
Phase 1 submitted to the Authority.
This approval is without prejudice to the rights of the existing
allottees under Section 18 of the Act, 2016. Further, if anyone
has any grievance against the promoter, they may file a formal complaint under
Section 31 of the Real Estate (Regulation and Development), Act of 2016, in the
prescribed format. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |
| 29-Dec-2025 |
Sh. Ashish Kush, Planning Executive and Sh. Ashish Dubey, Chartered
Accountant briefed about the facts of the case.
Sh. Abhishek Kanodia, Sh. Narinder Singh Dalal, Sh. Rajesh Grewal and Sh.
Vankat Rao (Advocate) are present on behalf of the promoter.
The AR of the promoter states that the promoter has not advertised, sold,
booked any unit in Phase 2 which is applied for registration. Further, the phasing
plan has been approved vide no.
ZP-453/PA(DK)/2025/35563 dated 09.09.2025 and building plans of phase 2
has been approved vide no. ZP-453/PA(DK)/2025/45156 dated 27.11.2025. The AR
requests for waiving the late fee.
The Authority has carefully examined the submissions and the record
available on file.
The Authority observes that that the license for development of the
project was issued in the year 2008, much prior to the commencement of the Real Estate (Regulation and
Development) Act, 2016 (hereinafter referred to as “the Act of 2016”), which
came into force on 01.05.2017. It is further evident from the record that the
building plans for the entire project were approved vide memo no.
ZP-453/JD(BS)/2011/896 dated 24.02.2011, thereby granting the promoter all requisite statutory approvals to commence
development activities well before the enforcement of the Act of 2016.
In view of the above, the Authority is of the considered opinion that the
project had crossed the stage of mere proposal and had obtained all necessary
permissions to start construction prior to 01.05.2017. Consequently, on the
date of commencement of the Act of 2016, the project squarely fell within the
category of an “ongoing project” for which the completion certificate
had not been issued.
Section 3(1) of the
Act of 2016 mandates that no promoter shall advertise, market, book, sell, or
offer for sale any unit in a real estate project without registering the
project with the Authority. The first proviso to Section 3(1) specifically
requires that all ongoing projects, for which completion certificate has not
been issued as on 01.05.2017, shall be registered with the Authority within
three months from the date of
commencement of the Act. Section 3(1) of the Act of 2016 is reproduced hereunder
for ready reference:
“3. Prior
registration of real estate project with Real Estate Regulatory Authority
(1) No
promoter shall advertise, market, book, sell or offer for sale, or invite
persons to purchase in any manner any plot, apartment or building, as the case
may be, in any real estate project or part of it, in any planning area, without
registering the real estate project with the Real Estate Regulatory Authority
established under this Act:
Provided that projects that are
ongoing on the date of commencement of this Act and for which the completion
certificate has not been issued, the promoter shall make an application to the
Authority for registration of the said project within a period of three months
from the date of commencement of this Act:
Provided further that if the
Authority thinks necessary, in the interest of allottees, for projects which
are developed beyond the planning area but with the requisite permission of the
local authority, it may, by order, direct the promoter of such project to
register with the Authority, and the provisions of this Act or the rules and regulations
made thereunder, shall apply to such projects from that stage of registration.”
Further, Rule
2(1)(o) of the Haryana Real Estate (Regulation and Development) Rules, 2017 (hereinafter referred to as ‘the Rules,
2017’) defines an “ongoing project” as a project for which a license was issued
on or before 01.05.2017 and where development works were yet to be completed on
that date, subject to limited exclusions. Rule 2 (1)(o) is reproduced hereunder
for ready reference:
“on
going project” means a project for which a license was issued for the
development under the Haryana Development and Regulation of Urban Area Act,
1975 on or before the 1st May, 2017 and where development works were yet to be
completed on the said date, but does not include:
(i)
any project for which after completion of development works, an application
under Rule 16 of the Haryana Development and Regulation of Urban Area Rules,
1976 or under sub code 4.10 of the Haryana Building Code 2017, as the case may
be, is made to the Competent Authority on or before publication of these rules
and
(ii)
that part of any project for which part completion/completion, occupation
certificate or part thereof has been granted on or before publication of these
rules.
The present project does not fall under any of the exclusions provided
under clauses (i) or (ii) of Rule 2(1)(o), as neither a completion certificate
nor part completion certificate for the entire licensed area had been issued
prior to the publication of the Rules. Accordingly, the project comes under the
definition of “ongoing projects” as per rule 2(1)(o) of Rules 2017.
It is also pertinent to note that a part of the licensed area, namely
“Cyber Park Phase-1,” has already been registered with the Authority in the year
2019, thereby acknowledging the applicability of the Act of 2016 to the
licensed project. The remaining portion of the licensed area (Phase-2) forms an
integral and inseparable part of the same license and, therefore, was equally
liable to be registered as an ongoing project under the Act.
The plea of the promoter that Phase-2 was neither marketed nor sold prior
to registration is legally untenable. The obligation to register an ongoing
project under Section 3(1) of the Act of 2016 does not depend upon actual sale, booking, or
advertisement, but arises from the
existence of an ongoing project for which statutory approvals to develop had
already been granted and development remained incomplete as on 01.05.2017. Registration
under the Act is mandatory and automatic by operation of law, and cannot be
deferred at the discretion of the promoter based on internal phasing or future
commercial intent.
Accordingly, the delay in applying for registration of Phase-2
constitutes a clear violation of proviso to Section 3(1) of the Act of 2016
read with Rule 2(1)(o) of the Rules, 2017. Therefore, late fee is leviable in
accordance with Regulation No. 22 of the RERA Gurugram Regulations, 2021 dated
21.08.2021, which prescribes the imposition of late fee for delayed registration
of projects.
In view of the foregoing facts and settled legal position, the request of
the promoter for waiver of late fee is hereby rejected. The Authority finds no justifiable or exceptional circumstances
warranting exercise of discretion for waiver, particularly when the promoter
had obtained building plan approvals as early as 2011 and remained under a
statutory obligation to register the ongoing project within the prescribed time.
Accordingly, the promoter is directed to deposit the late fee amounting
to ₹1,93,62,150/- (Rupees One Crore Ninety-Three Lakh Sixty-Two Thousand One
Hundred Fifty only) along with submission of all other pending/deficit
documents, failing which the application for registration shall be liable to be
rejected without further notice.
Upon request of the Authorized Representative, one week’s time is granted to comply with the above directions.
The matter is adjourned to 05.01.2026 for compliance. |
EXAMINATION BY AUTHORITY |
View Order |