| 15-Dec-2025 |
Sh. Ashish
Kush, Planning Executive and Ms. Asha, Chartered Accountant briefed about the
facts of the case.
Sh. Saurabh Bhardwaj
(AR) and Ms. Pragya Sharan (AR) are present on behalf of the promoter.
The AR of the
promoter states that two third consent of the existing allottees is not
required as per clause 3.1.2(i), (ii), (iii) and (iv) of the DTCP Policy issued
vide Memo no. Misc-862/2023/7/1/2023-2TCP/11689-91 dated 24.04.2023. Clause
3.1.2 (i), (ii), (iii) and (iv) is reiterated below.
3.1.2. However, additions or alterations in the
layout/ building plan made on account of the following shall not be construed
as revision of layout/ building plan, where:
i.
no third party rights
have been created against the existing approved layout/ building plan;
ii.
the existing layout/
building plan of the colony is getting amended on account of grant of license
for additional area with changes limited to an area not exceeding five percent
but not exceed 1 acres, without disturbing the green areas, of the amended
combined layout plan to enable proper connectivity and proper planning;
iii.
the area reserved for
future expansion or un-determined use is only being planned or being assigned
an use without any changes in the remaining layout/building plan;
iv.
the existing layout/
building plan of the colony is getting truncated on account of de-licensing/
surrender/ migration of part licensed land with upto five percent change in the
remaining layout/ building plan;
The Authorized Representative of the promoter states
that they have not created any third-party rights on the plots where changes
occur and where third-party rights have been created, they have obtained the
consent of the allottees. Further stated that they have applied for Electrical
load availability on 04.12.2025.
The promoter has
applied for registration of the project over an additional licensed area
measuring 4.8284 acres vide additional license no. 13 of 2024 dated 29.01.2024.
After grant of additional license, combined layout plan of residential plotted
colony has been approved and a perusal of the same clearly demarcates that some
additional plots are in share of two separate licensed areas as the additional
licensed land is adjacent to earlier sanctioned licensed land wherein there was
UD (Undetermined area) and now after grant of additional license, the promoter
has utilized the UD area and demarcated the plot area over that area attached
with additional licensed area. In the earlier registered projects, there was
some area shown as “Undetermined Use” (UD) which has now been converted to
planned area wherein plots have been demarcated due to grant of the additional
license. Such plots wherein UD area adjacent to additional licensed area in the
already registered projects has been converted into new plots and same shall be
reflected in the new registration certificate.
The AR submits that
presently, Electrical load availability is under process and the said approval
has not yet been obtained as on date. Further, the AR of the promoter undertakes to obtain and submit:
i.
The Electrical load availability within 4 months from
the date of grant of registration.
The Authority has
taken note of the submissions made by the Authorized Representative of the
promoter regarding no requirement of consent of two third existing allottees as
the 0.94 acres area change is shown in the revised layout plan sanctioned by
DTCP, Haryana and as per clause 3.1.2 (ii) “on account of grant of license for additional
area with changes limited to an area not exceeding five percent but not exceed
1 acres” is not construed as revision of layout plan.
The promoter is
directed to submit an affidavit regarding non-creation of third party rights on
the plots under revision along with the consent where third party rights
already created. Further, the promoter shall submit the Electrical load
availability within 4 months from the date of grant of registration.
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 Affidavit regarding non-creation of third party rights on the plots under revision
along with the consent where third party rights already created. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |