| 02-Feb-2026 |
Ms. Prachi Singh, Planning Executive and Ms. Asha,
CA briefed about the facts of the project.
Sh.
Rajeev Gupta (Sr.VP), Sh. Ankit Goenka (AR), Sh. Yogesh Sharma (AR) and Sh.
Narender Kumr (AR) are present on behalf of the promoter.
Sh.
Nitin Kataria (Complainant) and Sh. Naman Gupta (Advocate) for the
complainant are also present on behalf
of the landowner states that there
exist disputes between the Land Owner and the developer, pursuant to which
following litigations are pending adjudication: -
a) An Arbitration
proceeding pending before Hon'ble Retd. Justice Sh. Rajiv Shakdher, at Delhi
International Arbitration Center, Delhi High Court, New Delhi, which is
listed for 31.01.2026.
b) An appeal pending before
the Hon'ble Real Estate Appellate Tribunal, against the order dated
24.02.2025 of present authority, which is listed for 22.01.2026
c) Complaint bearing no.
RERA-GRG-4151-2025 dated 19.08.2025, listed for hearing before this authority
on 05.02.2026
d) Complaint no 25138/CP/25
dated 26.12.2025 in Economic offence wing Gurugram regarding fraud, forgery,
and have knowingly used forged documents as genuine; engaged in perjury;
misappropriated and siphoned funds (Including siphoning of loan amount
availed by mortgage of land of Applicant for Rs. 123 Crore); unlawfully
withheld and exploited the Applicant's property for their own benefit; and
committed criminal breach of trust.
e) Complaint with DTCP
Chandigarh seeking revocation/suspension of License No. 127 of 2012 dated
27.12.2012 (LC-2648) in respect of "ATS Homekraft Sanctuary 105",
Sector-105, Gurugram, on account of forged landowner consent, fraud on DTCP,
suppression of material facts, and illegal grant of approvals
f) An appeal pending before
DTCP Chandigarh, against the order dated 04.07.2025 of the said Authority.
The landowner requests the
authority to grant an opportunity of hearing in the present application;
reject the present application for registration and interim/permanent stay be
imposed upon the promoter qua the name ‘Sanctuary 105’ registered vide no.
RC/REP/HARERA/GGM/ 862/594/2024/89 dated 28.08.2024 and RC/REP/HARERA/GGM/922/654/2025/25
dated 04.03.2025.
In respect of the complaint filed
by Sh. Nitin Kataria, the Authorized Representative of the Promoter submitted
that the matter is already pending adjudication before an Arbitral Tribunal,
and the Company shall abide by the final outcome of the arbitration
proceedings. Further, the DTCP, vide its order dated 04.07.2025, has recorded
that the Collaboration Agreement executed between the parties is irrevocable
and has accordingly advised the complainant to approach the appropriate
forum. The promoter requests to grant the registration and assures that they
will abide by the order of arbitration regarding allocation of units to the
landowner as per above collaboration agreement and details of ongoing
litigation in the past five years in relation to the real estate projects
developed or being developed by the promoter in the State, if any, in
accordance with Rule 14(1)(a)(iii) of the Haryana Real Estate (Regulation and
Development) Rules, 2017 in the format provided under Annexure- C of the
Rules, 2017 is already declared by the promoter.
The Authority observes that under Section 4(2)(l) (A)& (B) of the
Act, a promoter seeking registration is mandatorily required to submit a
declaration supported by affidavit confirming the legal title to the land and
complete and truthful disclosure of all encumbrances or, as the case may be,
details of any rights, title, interest, or claims of any third party over the
project land. These statutory obligations are further reinforced by Rule
3(1)(e) of the Rules, 2017, which expressly requires the promoter to disclose
all “dues, litigation, rights, title, interest and name of any party in or
over such land” at the time of filing Form REP-I, and Rule 14(1)(a)(iii)
mandates the disclosures of ongoing litigation in the past five years in relation to
the real estate projects developed or being developed by the promoter in the
State and Rule 14(1)(e)(ii)(D), mandates publication
of the details regarding litigation on
the website. The Authority further observes that Phases 2 are already registered
with the Authority based on the same facts mentioned above. In view of
the above, the Authority approves the registration of the project subject to
the decision regarding dispute between the landowner Sh. Nitin Kataria and
the applicant promoter M/s 1000 Trees Housing Pvt. Ltd. Further,
the promoter is directed to disclose the details of pending litigation in
form REP-I as well as in brochure and advertisement material of the project.
The same shall also be reflected in the registration certificate of the
project. The promoter shall disclose the final outcome of such litigation
within a period of 15 days of the decision in this regard.
The Authorized
Representative of the promoter submits that presently, Revised Fire Scheme
Approval and Revised 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 the Revised Fire Scheme Approval and
Revised Service Plans and Estimates within 4 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 corresponding 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 is directed to submit of following approvals:
a. Revised Fire Scheme
Approval: within 4 months from the date of grant of registration;
b. Revised Service Plans and
Estimates: within 4 months from the date of grant of registration; and
c.
Mining
permission: before commencement of excavation on site.
In the event of non-submission of
fire scheme approval and approved service plans & estimates within the prescribed
time frame, the corresponding security amount shall stand forfeited by the
Authority, and the failure to submit any of the above approvals/ permissions
within the prescribed timeframe 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.
37.
The
Registration Certificate shall be issued after submission of remaining
deficiencies mentioned above including correction in A-H form, Online DPI, Mining permission:
before commencement of excavation on site, submission of two BG/DD of Rs. 25
lakhs each for submission of Revised Fire Scheme approval and Revised Service
plan and Estimates within the timeframe mentioned above and other
deficiencies mentioned above at S. No. 37.
|
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |