| 22-Jun-2026 |
Sh. Sumeet, Engineering Officer and Ms. Asha,
Chartered Accountant briefed about the facts of the case.
Sh. Venkat Rao (Advocate) along with Gunjan
Kumar, Sonam Sharma and Chandan Rajput appeared on behalf of the complainant
i.e., M/s Advance
India Projects Ltd.
Sh. Gautam Sarin (VP), Ms.
Aditi Mittal Singhvi (Business Head) and Sh. Chintan Sanghavi (Sr. EVP)
appeared on behalf of the promoter.
The advocate of the
complainant states that they have filed a representation/complaint dated
19.05.2026 and another detailed representation dated 12.06.2026 in the
Authority, wherein various reliefs including not granting registration to the
project have been sought while highlighting the violation of the consolidated
FDI policy, unlawful transfer of the licensed land and development rights, and
non- completion of development obligations. The advocate of the complainant
further states that the promoter has violated Section 3 and Section 15 of the
Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as
‘the Act’) and requests the Authority to not grant registration to the project
since there are litigation pending before various departments/courts/forums.
The Authorised Representative
of the applicant promoter i.e., M/s Oberoi Realty Ltd. (hereinafter referred to
as ‘AR’) states that M/s Advance India Projects Ltd. has made frivolous
litigations against the promoters before various forums and no interim relief
has been granted by any court/competent authority in any of the complaints/petitions
till date. The litigation filed by M/s Advance India Projects Ltd. before the Department
of Town & Country Planning, Haryana (in short ‘DTCP, Haryana’) regarding
the transfer of licensed land, migration of license land and change of
Developer was rejected by the DTCP, Haryana vide order dated 01.03.2024 and
only after that the license no. 69 of 2025 was granted on 12.05.2025 in
collaboration with M/s Commander Realtors Pvt Ltd., thereafter change of
developer on 17.06.2025 and subsequently approval of building plan of the
project was issued on 19.05.2026.
The AR also clarifies that
prior to the migration of part land from the earlier licenses no. 63 of 2009,
107 of 2010 and 60 of 2012, 69 units of the project as conceptualized vide
approved building plans dated 03.07.2013 were sold by the erstwhile promoter,
out of which 14 allottees were granted refund and 47 out of remaining 53 unique
allottees provided their consents with respect to the transfer of development
rights in favor of M/s Oberoi Realty Ltd. The copies of the same have been
submitted in the Authority as well. The AR requests that the Authority may
therefore disregard and close the above representation submitted by AIPL, and
proceed with the processing and grant of registration to the Project.
The AR further submits that
presently, all necessary approvals are in place except the rectification of license
no. 69 of 2025, approvals of service plan and estimates, fire scheme, tree
cutting permission, power line shifting NOC and mining permission which have
not been obtained as on date. Further, the AR of the promoter undertakes to
obtain and submit:
a.
Rectified copy of the license no. 69 of 2025 within 6
months from
the date of grant of registration;
b.
Approved fire scheme and Approved Service Plans and
Estimates within 6 months from the date of grant of registration;
c.
Tree cutting permission prior to felling of any trees on the
site;
d.
Power line shifting NOC; and
e.
Mining permission before commencement of construction
on the site.
Further, he undertakes to submit two separate
Demand Drafts/Bank Guarantees amounting to Rs. 25 lakhs each as a security
deposit for timely submission of the approved fire scheme and approved service
plans and estimates within 6 months from the date of grant of registration in the
Authority. It is also expressly undertaken that in the event of failure to
obtain and submit the approved fire scheme and approved service plans and
estimates within the stipulated time frame, the said security amount shall be
liable to be forfeited by the Authority.
Arguments heard.
The
Authority has considered the submissions made by both parties and examined the
records placed before it. At the outset, it is noted that the role of the
Authority under the Real Estate (Regulation and Development) Act, 2016 (“the
Act”) and its jurisdiction at the stage of registration of a real estate
project is confined to verifying whether the application submitted under
Section 4 of the Act read with Rule 3 of the Haryana Real Estate (Regulation
and Development) Rules, 2017 (“the Rules, 2017”), is complete in all respects
and supported by relevant documents/disclosures as stipulated under the Act,
Rules and regulations made thereunder.
Rule
3(1)(e) of the Rules, 2017 further obligates promoters to disclose “all dues,
litigation, rights, title, interest and name of any party in or over such land”
along with a non-encumbrance certificate issued by the competent revenue
authority. Rule 14(1)(a)(iii) of the Rules mandates that the details of the
ongoing litigation in the past five years in relation to the real estate
projects developed or being developed by the promoter in the state be published
on the Authority’s website for public scrutiny and the same is to be provided
in the form prescribed as per ‘Annexure C’ of the Rules. These statutory
provisions clearly establish that complete disclosure of litigation in past
five years in relation to the real estate projects developed or being developed
by the promoter in the state is mandatory.
After
considering the submissions advanced by the complainant as well as the
applicant-promoter and upon examination of the documents available on record,
it is matter of record that M/s Oberoi Realty Ltd. has approached the Authority
for registration of the project pursuant to the transfer of the earlier
licensed land parcels in its favour and securing appropriate approvals like
license No. 69 of 2025 dated 12.05.2025, change of developer vide order dated
17.06.2025, building plans dated 19.05.2026 etc. in its favour by the competent
authority after adjudication of the earlier objections/ litigations filed by
M/s Advance India Projects Ltd. before DTCP, Haryana.
Given the
statutory scheme as discussed above, the Authority is not empowered to
adjudicate representation of the Complainant regarding the violation
of the consolidated FDI policy, unlawful transfer of the licensed land and
development rights, and non- completion of development obligations. The Authority further observes that the disputes raised by the
complainant pertain to inter-se rights and obligations between the parties, the
adjudication whereof falls outside the jurisdiction conferred upon this
Authority under the Act.
It is
further observed that there is no stay or any interim order has been passed in
any of the litigations pending before the Hon’ble Apex Court, Hon’ble High
Court of Punjab and Haryana, Commercial Court, Gurugram or any other
court/tribunal. In view of
the foregoing facts and circumstances, and considering that the competent
authorities have already granted the requisite approvals in respect of the
project, this Authority is of the considered opinion that the
representations/complaints dated 19.05.2026 and 12.06.2026 are not maintainable
before this Authority and accordingly, the same are hereby dismissed. However,
this shall not preclude the complainants from availing such remedies as may be
available to the under law before the appropriate competent forum.
Therefore,
keeping in view the above, the Authority has no hitch is proceedings further
with the present application for registration in accordance with the provisions
of the Act, Rules and regulations made thereunder. However, the
promoter is further directed to disclose the pending litigation in the
brochure/ marketing material of the project and the website of the promoter
also. A condition to this effect shall also be incorporated in the Registration
certificate also.
The Authority further observes that
the Proviso to Section 3(1) of the Act of 2016 imposes a mandatory obligation
on the part of the promoter to make an application for registration of the
ongoing project within three months from the date of commencement of the Act. It is noted
that the license no. 69 of 2025 is obtained after migration of part areas of
license nos. 63 of 2009, 107 of 2010 and 60 of 2012 and the registration with
respect of the same was not obtained by the erstwhile promoter, therefore the
late fee (amounting to Rs. 1,47,34,488/-) is leviable and the same shall be
paid by the erstwhile promoter in accordance with the Haryana Real Estate
Regulatory Authority, Gurugram (Late Fees for Registration of On-going Real
Estate Projects) Regulations, 2018 as amended from time to time, which has been
calculated for entire 14.81875 acres proportionately based on the approved
building plan dated 03.07.2013 sanctioned for 17.224 acres, in the registration
application bearing Temp ID RERA-GRG-2240-2026 and this shall be considered for
rest of phases applied and to be applied for registration in the Authority. The
AR of the applicant promoter further submits that the late fees as mentioned
above shall be paid.
With respect to the issue of
violation of section 3(1) of the Act which prohibits any advertise, market,
book, sell or offer for sale, or invite persons to purchase in any manner any
plot, apartment or building, as the case may be prior to obtaining registration
of the real estate project under the Act, the Planning branch of the Authority
is directed to initiate separate proceedings in this regard.
With
respect to the allegation regarding violation of Section 15 of the Act, the
Authority observes that the licensed land forming part of present registration
application was never registered with this Authority under the Act. Section 15
contemplates transfer or assignment of promoter’s rights and liabilities in
respect of a registered real estate project requiring prior approval of the
Authority and consent of at least two-thirds of the allottees. In the present
case, the change of developer in favour of M/s Oberoi Realty Ltd. i.e., the
Promoter, was approved by the competent authority, namely the DTCP, Haryana,
vide order dated 17.06.2025, prior to the filing of the present application for
registration of the said project. The Authority further notes that, out of 53
unique existing allottees, consent of 47 allottees has also been obtained by
the applicant-promoter, which is in excess of the threshold prescribed under
Section 15 and nevertheless demonstrates
that the interests of the existing allottees have substantially been
safeguarded. The applicant-promoter has approached the
Authority only after obtaining the requisite approvals from the competent
authority as well as consent of more than two-third of the unique existing
allottees. Therefore, in the facts and circumstances of the case, the
provisions of Section 15 are not attracted and no violation thereof is made out
warranting any action against the applicant-promoter.
The
Authority has taken note of the submissions made by the Authorized
Representative of the promoter regarding the non-availability of the Approved fire scheme and Approved Service Plans and Estimates 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 two
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 Approved fire scheme and 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.
The AR of the promoter is further
directed to submit the rectified copy of license within 6 months of grant of
registration, tree cutting permission before felling of any trees on the
project site, power line shifting NOC from competent Authority and mining permission
before commencement of construction work on the site. A condition to this
effect shall also be incorporated in the Registration certificate also.
Approved as proposed subject to conditions
imposed hereinabove and rectification of deficiencies mentioned above at S. No.
36. The registration is without prejudice
to the rights of the existing allottees under the provisions of Act of 2016,
Rules and Regulations made thereunder and subject to final outcome/ orders of
Hon’ble Supreme Court in CA No. 8977 of 2014 titled as Jai Narayan @ Jai
Bhagwan & Others Vs State of Haryana & Others with Civil Appeal No.
13828 of 2015 & Civil Appeal No. 9211-9213 of 2016 titled State of Haryana
Vs Dev Dutt and final outcome of CBI/ED investigation under process and other pending
litigations before various courts/tribunals/forums.
The
Registration Certificate shall be issued after submission of corrections in
form REP-I (Part A-H), Online DPI along with the other remaining deficiencies
mentioned at S. No. 36 and submission of two DD’s/BG’s of Rs. 25 lakhs each for
submission of Approved Fire Scheme approval and Approved Service Plans &
Estimates within the timeframe mentioned above. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |