| 09-Jun-2026 |
Ms. Deepika, Planning
Executive and Sh. Ashish Dubey, Chartered Accountant briefed about the facts of
the project.
Sh. Amit Yadav
(Partner/Director/AR) & Sh. Baldev Singh (Advocate) are present on behalf
of promoter.
Sh. Ramesh Kumar, Sh. Jyoti
Yadav, Sh. Mukul Yadav & Sh. Alok Yadav are present on behalf of the land owners.
None is present on behalf of
the complainant i.e., Ms. Sushila Devi.
The Authorized Representative
of the promoter submits that the land applied for registration under Section 4
of the Real Estate (Regulation and Development) Act, 2016 is free from any kind
of litigation. Accordingly, an affidavit to this effect, duly signed by the
partner/director/authorized signatory, has been submitted stating that there
has been no ongoing litigation involving the promoter in the State and/or in
relation to the aforesaid project land during the last five years.
Further, with regard to the
objection filed by Ms. Sushila Devi, the AR of the promoter submits that the
promoter is not a party in Civil Suit No. CS/143/2023. He further submits that the project is being
developed pursuant to a valid Collaboration Agreement executed with the
recorded landowners and that License No. 193 of 2025 dated 10.10.2025 has
already been granted by DTCP after due scrutiny of the title and ownership
documents. Thereafter, the concerned department has approved the building plans
of the said project on 13.03.2026. He further submits that no stay order,
injunction, status quo order, or any other restraining order has been passed by
any competent court in respect of the project land, title records, mutation
entries, development rights, or the said license. Accordingly, he requests that
the objection be rejected and that the present application for registration of
the subject project be allowed to proceed.
The promoter further submits
that all necessary approvals are in place except the road access permission and
approved service plans and estimates. In this regard, the promoter states that
the proposed 24 M wide road, which falls within the licensed area, shall be
constructed before the offer of possession of the units and the approved
service plans and estimates are under consideration in the concerned department.
In this regard, the promoter submits that the DTCP has already issued the bank
guarantee letter and that the requisite bank guarantee amount shall be
deposited within 10-15 days. Further, the Authorized Representative of the
promoter undertakes to obtain and submit the following:
i. Approved Service Plans and Estimates
within four months from the date of grant of registration; and
ii. Mining permission before commencement
of construction at the site.
The Authority has taken note
of the submissions made by the Authorized Representative. The Authority observes
that the objection filed by Ms. Sushila Devi does not establish any locus
standi in the present registration proceedings and, therefore, the same is
rejected.
The Authority further directs
the promoter to submit a notarized affidavit/undertaking from the Director
stating that the proposed 24 M wide road falling within the licensed area shall
be constructed before handing over possession of the units.
With regard to the Approved
Service Plans and Estimates, the Authority directs that, before issuance of the
Registration Certificate, the promoter shall either submit receipt of the Bank
Guarantee submitted before DTCP for obtaining approval of the Service Plans and
Estimates or submit a Demand Draft/Bank Guarantee of Rs. 25,00,000/- (Rupees
Twenty-Five Lakhs only) as security for timely compliance with the undertaking
regarding submission of the Approved Service Plans and Estimates within the 4
months from the date of grant of registration.
It is expressly undertaken
that, in the event of failure to obtain and submit the Approved Service Plans
and Estimates within the prescribed period of four months from the date of
grant of registration, the aforesaid security amount shall be liable to be
forfeited by the Authority. Such failure may also attract appropriate
regulatory action under the Act, 2016 and the rules and regulations made
thereunder. Further, the promoter shall submit approved Service Plans and
Estimates within four months from the date of grant of registration and Mining
permission before commencement of construction at the site. A condition to this effect shall also be
incorporated in the Registration Certificate.
Keeping in view the above
facts and circumstances, the project is approved as proposed, subject to
rectification of the deficiencies mentioned above.
The Registration Certificate
shall be issued only after submission of the correction in A-H, form, correction
of online DPI, notarized affidavit from the Director regarding construction of
the proposed 24 M wide road before handing over possession of the units, Receipt/proof
of submission of the Bank Guarantee before DTCP for approval of the Service
Plans and Estimates or submission of a DD/BG of Rs. 25,00,000/-, Revised REP-II
form incorporating the correct Occupation Certificate date and Compliance of
the deficiency mentioned at Sr. No. 35. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |