| 17-Aug-2026 |
Sh. Ashish Kush, Planning Executive and Sh. Ashish Dubey, Chartered
Accountant briefed about the facts of the case.
Sh. Himanshu Juneja, Sh. C Saproo, Sh. Dheeraj Kumar and Ms. Smriti Rani
are present on behalf of the promoter.
The
AR of the promoter states that the project applied
herein for registration under section 4 of the Act was not ongoing in the year
2017 as no development of the same was going on and as the project was not
launched, neither any monies were received/collected by the promoter, nor there
was any occasion to get the project registered under the provisions of RERA
Act, read with rules and regulations, hence no deficit/late fee is payable by
them for registration of the project. However, without prejudice
to its rights, the Promoter herein has deposited the said requisite fee of Rs.
1,51,48,349/- vide DD No. 530455 dated 11.08.2026 including late
fees.
The AR of the promoter further states that in the year 2010, there was no mandatory requirement of Collaboration
Agreements to be registered between the parties for obtaining requisite license
to develop the colony. DTCP issued office order dated 03.01.2011 for the first
time making the registration of Collaboration Agreements mandatory for
obtaining the Licenses. Vide said office order it was also mandated that in
cases of earlier Collaboration Agreements, an Affidavit be obtained from
landowner as per details mentioned in the office order dated 03.01.2011. Rule
3(1)(f) of the Rules also provides that copy of Registered Collaboration
Agreement is to be provided only wherever applicable. In the
present case of the company, Licence no. 98 & 99 of 2010 are prior to the
said office order and hence there is / was no requirement of Collaboration
Agreements to be registered, hence registration of collaboration agreement is
not applicable in the present case. The Landowner licensee Company is
associate/subsidiary company of the Promoter/Collaborator – Puri Construction
Pvt. Ltd. and promoters of both the company are same. Still as an abundant precaution, the promoter
has submitted a duly registered Affidavit-cum-Undertaking dated 12.08.2026
executed by landowner company affirming that there is/was no requirement of
collaboration agreement to be registered as the license no. 98 & 99 of 2010
are prior to the DTCP office order dated 03.01.2011 and has also affirmed the
irrevocable nature of collaboration agreement dated 29.10.2010.
The Authorized Representative of
the promoter states that presently the approval of Electrification plan is
under process and has not yet been obtained as on date. Further, the AR
of the promoter undertakes to obtain and submit the Electrification plan within
4 months from the date of grant of registration.
The AR of the promoter
further requests to revise its completion timeline as mentioned in REP-II from
30.06.2034 to 30.06.2033 and requests for some time to submit the revised
documents. Request is allowed. The promoter is directed to submit the revised
documents including REP-II within a week.
The
Authority has considered the request of the promoter regarding no requirement
of registration of collaboration agreement in terms of the DTCP order dated
03.01.2011. An affidavit with respect to the above has also been submitted by
the landowning company. Further, in the said affidavit-cum-undertaking, it is also
affirmed that the landowning company is the subsidiary company of the
Collaborator.
The
Authority observes that the project in
question falls within the definition of “ongoing project” as contained
in Rule 2(1)(o) of the Haryana Real Estate (Regulation and Development)
Rules, 2017. In the present case, the license was issued by the competent
authority in the year 2010 i.e., prior to the commencement of the Act and the
building plans in respect of the entire licensed colony had originally been
approved on 28.02.2014, and the revised building plans were subsequently
approved on 16.06.2026. As the building plans for the subject project had
already been approved on 28.02.2014, and therefore the promoter had the
requisite planning approval to proceed with development of the project. Thus,
in cases where the license and the building plans had already stood approved or
sanctioned by the competent authority on the date of commencement of the Act
and completion certificate has not been obtained, such projects fall within the
ambit of the ‘on going projects’ as per section 3 read with rule 2(1)(o) of the
Rules, 2017. Hence, the promoter was in a position to commence development of
the project as per approved building plans along with subsequent approvals as
required under law for the time being in force from the concerned Authority and
get the project registered with the Authority.
Accordingly,
the Authority is of the view that the project in question squarely falls within
the ambit of an “ongoing project” under Rule 2(1)(o) of the Haryana Rules,
2017 and was consequently required to be registered in accordance with Section
3 of the Act, 2016. The promoter was, therefore, under a statutory
obligation to make an application for registration within the period stipulated
under section 3 of the Act. Failure to make such application within the
stipulated period attracts the applicable standard fee for delay in making an
application for registration, in accordance with the provisions of the Act, the
Haryana Rules and the applicable Regulations, as amended from time to time. The
liability towards late fee is, accordingly, required to be computed only with
respect to the FAR measuring 47,668.858 sq. m. sanctioned in earlier approved building plans
dated 28.02.2014. The computation of the applicable late fee is detailed at S.
No. 33. Hence, the late fee of Rs.
1,33,47,280/- has been imposed on the promoter in
accordance with the provisions of the Act, Rules and regulations, as amended
from time to time.
The
AR of the promoter is further directed to submit the Electrification plan
within 4 months from the date of grant of registration Certificate and a
condition to the same effect shall be incorporated in the Registration
Certificate.
Registration of the project is
approved as proposed, subject to rectification of the deficiencies mentioned at
S. No. 37.
The Registration
Certificate shall be issued after submission of remaining deficiencies
mentioned above at
S. No. 37 including correction in form REP-I (Part A-H), submission of revised
documents in terms of revised completion timeline as declared in REP-II and
Online DPI. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |