| 20-Apr-2026 |
Ms.
Nikita Mittal, Planning Executive and Ms. Asha, Chartered Accountant briefed
about the facts of the project.
Sh.
Madhu Sudana Rao (Director), Ms. Srijita Kundan are present on behalf of the
promoter.
The Authorized
Representative of the promoter has submitted the present application dated
23.02.2026 under Section 4 of the Real Estate (Regulation and Development) Act,
2016 for registration of a Group Housing Colony namely “Altis at DXP 92”,
situated at Sector-92, Gurugram, admeasuring 2.68 acres, comprising Tower T10
and a Community Centre and further states that the reply has been submitted on
Friday which needs be examined by office. In addition to above, the AR further submits
that out of total 12 homebuyer claims pertaining to the earlier project
registered vide RC no. 364
of 2017 dated 21.11.2017, 11
claims have been settled and the entire amounts have been refunded, and the
concerned allottees have issued No Objection Certificates (NOCs). With respect
to the remaining one homebuyer, it is stated that no contact could be
established; however, the promoter undertakes to refund the due amount and
obtain the NOC upon establishing contact. In this regard, the promoter is
directed to submit a notarized affidavit duly sworn by the Managing Director affirming the status of settlement of
allottees and undertaking to settle the remaining claim.It
is pertinent to note that during the hearing dated
30.03.2026, the promoter placed reliance upon a similar matter, namely the
project “Lushlands,” wherein fresh registration was granted pursuant to
approval of a resolution plan under the Insolvency and Bankruptcy Code, 2016
and consequent change in management.
Upon examination of the record, it is observed that the present case is
squarely aligned with the aforesaid precedent. The promoter company underwent
Corporate Insolvency Resolution Process (CIRP) and the resolution plan was
approved by the Hon’ble NCLT, Delhi on 24.04.2023, pursuant to which the
management and control of the project vested in the Successful Resolution
Applicant on a clean slate basis. Further, substantial modifications have been
carried out in the site plan, including revised building plan approvals dated
17.02.2026.
The Authority is of the considered view that such material changes in
project planning, coupled with change in management under CIRP, justify fresh
registration of the project under Section 4 of the Act of 2016, in
line with the precedent established in the case of “Lushlands.”. Accordingly, the present project namely “Altis at DXP 92” is
liable to be granted fresh registration by superseding the earlier
registration bearing RC No. 364 of 2017 dated 21.11.2017 (Tower T17, Phase VI),
as the said earlier registration has lost its relevance due to demolition of
earlier structures, revised planning, and extinguishment of prior allottee
rights.
Further,
the late fee has been calculated from 24.04.2023, i.e., the date of approval of
the resolution plan by the Hon’ble NCLT, Delhi, up to the date of submission of
the present registration application, i.e., 23.02.2026, in the same manner as
adopted in the case of “Lushlands.”
The
Authorized Representative of the promoter further submits that presently, the
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. Fire Scheme Approval within 6
months from the date of grant of registration; and
ii. Approved Service Plans and Estimates
within 6 months from the date of grant of registration;
Further,
he undertakes to submit two 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 two 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. Fire Scheme Approval: within 6
months from the date of grant of registration; and
b. Approved Service Plans and
Estimates: within 6 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 at S. No.
33.
The earlier registration bearing RC No. 364 of 2017 is hereby superseded
on account of (i) approval of resolution plan under CIRP resulting in change of
promoter and management, (ii) demolition of earlier incomplete construction,
(iii) approval of revised building plans with substantial modifications, and
(iv) extinguishment/settlement of prior allottee rights, rendering the earlier
registration redundant and non-operational.
The
Registration Certificate shall be issued after submission of corrections in A-H
form, Online DPI, deficit fee including an affidavit from Managing Director
regarding settlement with one remaining homebuyer along with the remaining
deficiencies mentioned at S. No. 33 and submission of two DD’s of Rs. 25
lakhs each for submission of Revised Fire Scheme approval and Revised Approved
Service Plans and Estimates within the timeframe mentioned above. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |
| 30-Mar-2026 |
Ms. Nikita Mittal, Planning Executive and Ms. Asha,
Chartered Accountant briefed the facts of the case.
Sh. Madhu Sudana Rao (Director), Ms. Srijita Kundan are
present on behalf of the promoter and states that they have submitted an
application for registration of group housing colony namely “Altis at DXP 92”
measuring 2.0 acres comprising of Tower T10 & Community center in Sector
92, Gurugram u/s 4 of the Act of 2016.
Further, it is observed that the Department of Town
and Country Planning, Haryana has approved the revised building plan for Tower
T10, Community Centre, Shopping-I & Swimming pool falling in group housing
colony vide Memo no. ZP-562-A/SD(RD)/2026/5722 dated 17.02.2026 in which Tower
T10 has been planned over the project already registered as Tower No. T17 vide
RC No. 364 of 2017 dated 21.11.2017 valid up to 30.06.2022 and Phase Shops (Shop No. 1-36) vide RC No. 275 of 2017 dated 09.10.2017 valid up to 30.09.2021 in which Shopping-1 has been shifted from its original location and has been
replanned.
The Authority has carefully
considered the submissions made on behalf of the promoter along with the
material available on record.
At the outset, it is noted
that the project land admeasuring approximately 48.818 acres situated in
Sector-92, Gurugram forms part of a licensed group housing colony granted by
the Directorate of Town and Country Planning, Haryana vide License No. 44 of 2009
dated 14.08.2009 and License No. 68 of 2011 dated 21.07.2011.
The Authority further
observes that the promoter company, SARE Gurugram Private Limited (earlier
Ramprastha SARE Realty Pvt. Ltd.), was admitted into Corporate Insolvency
Resolution Process (CIRP) vide order dated 09.03.2021 passed by the Hon’ble
NCLT, Delhi, and accordingly, a moratorium under the
Insolvency and Bankruptcy Code, 2016 came into effect from the said date.
Subsequently, a resolution plan submitted by a consortium of KGK Realty (India)
Pvt. Ltd. and Dhoot Infrastructure Projects Limited was approved by the Hon’ble
NCLT on 24.04.2023 under Section 31 of the IBC, pursuant to which the
management and control of the corporate debtor stood vested in the successful
resolution applicants on a “clean slate” basis.In this regard, the
Authority is of the considered view that while the approval of the resolution
plan and change in management under the provisions of the IBC is binding, the
same does not absolve the corporate debtor/promoter from complying with the
provisions of the Real Estate (Regulation and Development) Act, 2016. The
obligations towards allottees, adherence to sanctioned plans, and regulatory
compliances under the Act continue to subsist and are required to be fulfilled
by the new management.
Further, from the facts
placed on record, it is evident that the revised building plan approved by the
competent authority entails substantial modifications in the layout and
configuration of the project. The Authority is of the view that such changes,
when read in conjunction with the insolvency proceedings and subsequent
takeover, necessitate a comprehensive regulatory scrutiny to ensure that the
rights and interests of existing allottees, if any, are not adversely affected.
Accordingly, the Promoter is directed to:
i.
Furnish complete details regarding the list of sold and unsold
inventories, clearly
indicating the status of each allottee including refunds made, units
transferred, forfeitures, and those pending settlement along with supporting
documents such as NOCs, settlement agreements, proof of payments, etc.
ii.
The promoter shall also submit an affidavit from the Managing Director of
the company affirming that there are no remaining unsettled claims of allottees.
Keeping in view the above, the office is directed to
examine the said application and issue the deficiency notice accordingly within
a period of 5 days.
The matter to come up on 13.04.2026. |
ADJOURNMENT |
View Order |