| 09-Jun-2026 |
Sh. Sumeet, Engineering Officer and Ms. Asha,
Chartered Accountant briefed about the facts of the case.
Sh. Purushottam Grover,
Sh. Venkat Rao, Ms. Priyanka Miglani and Sh. Anitesh Singh (AR’s) are present
on behalf of the promoter.
The Authorized
Representative (AR) of the promoter states that a reply dated 08.06.2026 has
been submitted in the Authority wherein all the pending documents have been
submitted. The AR of the promoter further states
that license no. 41 of 2011 is not part of area falling under phase 5 applied
herein for registration and a copy of superimposed plan in this regard has
already been submitted in the Authority. Further, the promoter states that the
part area of Phase 5 is already registered with the Authority vide registration
certificate no. 08 of 2021 dated 01.03.2021 and undertakes to obtain the amendment
in registration certificate no. 08 of 2021 dated 01.03.2021 as per recent approved
phasing plan of the project. The office is directed to examine the reply dated 08.06.2026.
The AR of the promoter
further states that, a letter regarding change of name of project from “Marbella
Phase 5” to “Marbella Terraces” has been submitted and requests the Authority
to consider the same.
The
Authorized Representative of the promoter further submits that presently
Environmental Clearance, revised service plans and estimates approval, Renewal
of license no. 41 of 2011 and Tree Cutting permission are yet to be obtained as
on date. Further, the AR of the promoter undertakes to obtain and submit:
i.
Environmental Clearance within 6
months from the date of grant of registration;
ii.
Revised Service Plans and Estimates
approval within 6 months from the date of grant of registration;
iii.
Renewal of license no. 41 of 2011
within 4 months from the date of grant of registration; and
iv.
Tree cutting permission prior to
cutting of any tree.
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
at point (i) & (ii). It is also
expressly undertaken that in the event of failure to obtain and submit the
aforesaid approvals within the stipulated time frame, 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 Environmental Clearance as well
as Revised Service Plans and Estimates approval 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. Further, the promoter
shall submit renewal of license no. 41
of 2011 within 4 months from the date of grant of registration and Tree cutting permission prior to cutting of
any tree. A condition to this effect shall also be incorporated in the
Registration Certificate.
In
view of the above submission of the promoter, the request of the promoter to update
the project name as “Marbella Terraces” is hereby allowed subject to
publication of one-week public notice in this regard in three leading
newspapers (two English and one Hindi) and submission of revised documents with
the updated project name. Further, the promoter shall apply for amendment in
registration certificate no. 08 of 2021 as per recent phasing plan approval
within the period of 1 month.
Approved
as proposed subject to rectification of deficiencies mentioned above at S. No.
35.
The Registration
Certificate shall be issued after submission of corrections in A-H form, Online
DPI, along with the other remaining deficiencies mentioned at S. No. 35 and
submission of two DD’s/BG’s of Rs. 25 lakhs each for submission of Approved
Environmental Clearance and Approved Revised Service Plans & Estimates
within the timeframe mentioned above and publication of public notice with
regard to update in project name. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |
| 25-May-2026 |
Sh. Sumeet, Engineering Officer and Ms. Asha,
Chartered Accountant briefed about the facts of the case.
Sh. Purushottam Grover, Sh. Pankaj, Sh.
Anitesh Singh and Sh. Lalit Sahni (AR’s) are present on behalf of the promoter.
The Authorized Representative (AR) of the promoter states that the license no. 41
of 2011 has been expired recently only on 02.05.2026 and they have applied for
renewal of the same with the DTCP, Haryana. Further, the AR of the promoter
states that the area under license no. 41 of 2011 is not the part of Phase 5
area measuring 20.24225 acres applied for registration of project. In this
regard, a superimposed demarcation plan of the residential plotted colony
highlighting the license numbers over entire colony shall be submitted in the
Authority.
Further, regarding the part area of Phase 5
being already registered vide RC no. 08 of 2021, the promoter states that at the time of earlier
registration promoter wanted to registered only 12.609 acres (planned for
launch and develop) but based on authority’s direction promoter applied for
registration of additional 53.45 acres (unplanned for immediate launch & no
sale till date). The single registration was granted with different completion
dates i.e., 31.12.2023 & 31.12.2027. Later on, Phasing Policy was introduced
on 24.04.2023 and promoter obtained phasing & revised phasing plan approval
on which 12.609 acres has been identified as Phase-2 & 53.45 acres are divided
into 6 phases (Phase3,4,5,6,8,9) and promoter wants to develop & register
the project in phases.
The AR of the promoter
states that phasing & revised phasing plan along with revised layout plan
dated 18.03.2026 & 23.04.2026 respectively have been approved by DTCP
Haryana and in view of the same, the promoter applied for registration of Phase
5 dated 24.04.2026 wherein no third-party rights have been created till date. In
this regard, an affidavit of CEO of the promoter company shall be submitted
regarding no sale, marketing of project area under Phase 5. The overall
licensed area is being developed in ten phases. Phase 1&2 are completed and
only UD area therein has been planned in revised layout plan. As per clause
3.1.2(iii) of phasing policy dated 24.04.2023, planning of UD area is not
considered as revised layout plan & consents are not required. Further,
Phase 3 to Phase 10 are unlaunched/new licenses wherein no third-party rights
have been created till date. As per clause 4.1.1 of phasing policy dated 24.04.2023,
obtaining of consents shall be limited to the phase in which revision proposed.
Since no third-party rights created in land area under Phase 5, hence
requirement of consents is not applicable for revision of layout plan of Phase
5. Clause 4.1.1 of phasing policy dated 24.04.2023 is reproduced as under:
In cases where colony is proposed to
be developed in phases, obtaining two third consents, for revision of layout/
building plan shall be limited to the phase in which such revision is proposed.
In view of the above submissions made by the promoter, the Authority is
of the view that the requirement of obtaining consent of two-third allottees
does not arise in the present application for registration of Phase-5 area,
keeping in view the clause 4.1.1 of the Phasing Policy dated 24.04.2023, as
reproduced above, and also considering the submission of the promoter that no
third-party rights have been created in the area falling under Phase-5 applied
for registration of the project. Moreover, the public notice with regard to the
registration application of the promoter was published in three newspapers
i.e., Hindustan Times, The Tribune and Dainik Bhaskar dated 03.05.2026, against
which no objections have been received in the Authority. The absence of any
objection pursuant to the said public notice further lends credence to the
submissions made by the promoter that there is no requirement of the consent of
two-third of the allottees regarding revision of layout plan and, therefore,
the Authority does not find any impediment in proceeding further in the matter.
Further, in order to safeguard the interest of prospective allottees and to
ensure complete transparency, the promoter is directed to submit an affidavit
from the CEO of the promoter company affirming that no advertisement,
marketing, booking, sale or offer for sale of plots in the area falling under
Phase-5 has been undertaken till date. In addition thereto, a ten days’ public
notice inviting objections, if any, from the general public with regard to the
aforesaid submission of the promoter concerning no advertisement, marketing,
booking, sale or offer for sale of plots in the project area falling under
Phase-5 shall also be published in three leading newspapers (two English and
one Hindi).
Meanwhile,
the promoter
is further directed to submit the deficit documents along with above mentioned.
The matter to come up on 08.06.2026. |
ADJOURNMENT |
View Order |