| 06-Jul-2026 |
Ms. Asha, Charted 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.
Sh. Pankaj Billa complainant along
with other allottees & their advocates are present and states that they are
the allottees of Phase 1 of the project. The complainant further states that
there are arbitrary and illegal layout revisions, densification, introduction
of S+4 builder floor constructions, alteration of the originally sanctioned
planning framework and the consequent severe impact on the existing
infrastructure and residential character of the Project. The residents have
invested their hard-earned monies in the Marbella Project on the basis of the
originally sanctioned low-density villa-only development and are now being
severely affected by unilateral and arbitrary actions undertaken without
transparency and without consent of the affected allottees. The same complaint
has been filed with DTCP, Haryana as well and a CWP no. 12724 of 2026 with the
Hon’ble High Court Haryana, Chandigarh has also been filed.
The
Authorized Representative (AR) of the promoter states that the layout plan of
the colony was revised following the due process of public notices and
individual notices to allottees. Further, there is no change in area of phase 1
except planning of area which was kept for undermined use earlier in initial
layout plan. So, there was no requirement of 2/3rd consent of allottees in
accordance with clause 3.1.2(iii) of policy dated 24.04.2023 for phasing and
seeking 2/3rd consents. Further promoter obtained phasing plan approval from
competent authority after policy dated 24.04.2023 and the project is being
developed in phase manner. As per clause 4.1.1 of said policy, obtaining of
2/3rd consent of allottees for revision of layout plan shall be limited to phase
in which revision is proposed and there are no allottees in the applied phase.
The limited revisions in layout in 2023 & 2025 were due to grant of
additional licenses which is allowed as per policy dated 24.04.2023. The
changes are proposed in phases where no third-party rights have been created.
There is no increase in plots and density of phase 1 (zone 1 & 6) and
additional plots are proposed on additional licensed land. The overall density
is within permissible limit as per norms. There is no reduction in green area
and the promoter has not constructed any S+4 builder floor in the colony. Some
plot owners have constructed S+4 floors after approval of competent authority.
The promoter has constructed and given possession of villas only along with
facilities as per BBA.
The Authorized Representative (AR) of
the promoter further states that the part area i.e., 0.647 acres of Phase 7 is
already registered with the Authority vide registration certificate no. 307 of
2017 dated 17.10.2017 which was kept as UD area and now in the revised layout
plan & phasing plan, the same has been planned and forms part of Phase 7
and undertakes to obtain the amendment in registration certificate no. 307
of 2017 dated 17.10.2017 as per recent approved phasing plan of the project.
The AR of the promoter
states that phasing & revised phasing plan along with revised layout plan
dated 18.03.2026, 23.04.2026 & 26.05.2026 respectively have been approved
by DTCP Haryana and in view of the same, the promoter applied for registration
of Phase 7 dated 30.04.2026 wherein no third-party rights have been created
till date. In this regard, an affidavit of CEO of the promoter company has been
submitted regarding no sale, marketing of project area under Phase 7. The
overall licensed area is being developed in eleven phases. Phase 1 & 2 are
completed and only UD area therein has been planned in revised layout plan.
Further, Phase 3 to Phase 11 are unlaunched/new licenses wherein no third-party
rights have been created till date. The revision from the earlier approved
Layout Plan is only in the U.D. Area measuring 0.647 Acres falling in Phase 7
applied for registration and 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. Clause 3.1.2(iii) of phasing policy dated 24.04.2023
is reproduced as under:
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.
Further, 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 7, hence requirement of consents is not
applicable for revision of layout plan of Phase 7. 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-7 area,
keeping in view the clause 3.1.2(iii) & 4.1.1 of
the Phasing Policy dated 24.04.2023, as reproduced above, and also considering
the submission of the promoter that only UD area has been planned and no
third-party rights have been created in the area falling under Phase-7 applied
for registration of the project.
In view of the submissions made by
the parties and the material available on record, the Authority observes that
the revision of the layout plan and approval of the phasing plan of the project,
densification,
S+4 builder floor constructions etc. have been granted by the
competent authority, i.e., the Director, Town and Country Planning, Haryana
(DTCP), in exercise of its statutory powers. The legality, validity or
propriety of such approvals falls within the domain of that department and any
challenge thereto may be pursued before the appropriate forum in accordance
with law. However, it is clarified that if the complainants are of the view
that any revision in the layout plan or phasing of the project has adversely
affected their rights or has caused them any loss or prejudice, they shall be
at liberty to seek appropriate compensation before the Adjudicating Officer
under Section 71 of the Real Estate (Regulation and Development) Act, 2016, in
accordance with law. Needless to add, this order shall not preclude the
complainants from availing any other remedy available to them under law before
the competent court or forum. Accordingly, the present complaint stands
disposed of.
The Authorized Representative of the
promoter further submits that presently Environmental Clearance, revised
service plans and estimates approval 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.
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 the Tree
cutting permission prior to cutting of any tree. A condition to this effect
shall also be incorporated in the Registration Certificate.
The promoter shall apply for
amendment in registration certificate no. 307 of 2017 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 |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |