| 10-Aug-2026 |
Ms. Nikita Mittal, Planning Executive and Ms.
Asha, Chartered Accountant briefed about the facts of the project.
Sh. Rajeev Kumar Gupta (Sr. V.P.), Sh. Yogesh
Sharma (A.G.M), Sh. Ramniwas Saini (Architect), Sh. Bhavishya Mahajan (Manager)
and Sh. Narendra Kumar (Manager) are present on behalf of the promoter.
The Authorized Representative of the promoter
submitted that DTCP Haryana had granted License No. 37 of 2013 dated 03.06.2013
for development of a Group Housing Colony over an area measuring 11.5875 acres.
Subsequently, the phasing plan for the said project was approved vide Memo No.
ZP-938-II/SD(RD)/2026/26027 dated 22.07.2026. Pursuant to the approval of the
phasing plan, the promoter has applied for registration of Phase-2 under
Section 4 of the Real Estate (Regulation and Development) Act, 2016, comprising
an area measuring 3.5680 acres which consists of residential towers 4, 5, 6, 7
and 10. Further, the AR of the promoter states that no late fee be levied since
although the license existed earlier, the project was never launched, and no
construction activity had commenced. It was also submitted that no
advertisement, booking, allotment, agreement for sale or creation of any
third-party rights had taken place in respect of the project.
Further states that the revised Environment
clearance approval, revised approved Fire Scheme, revised approved service
plans and estimates and mining permission are under process, and the said
approvals have not yet been obtained as on date. Further, the Authorized
Representative of the promoter undertakes to obtain and submit:
i.
Revised Environment
clearance approval within 6 months from the date of grant of registration;
ii. Revised Fire Scheme approval within 6 months
from the date of grant of registration;
iii. Revised Approved Service Plans & Estimates
within 6 months from the date of grant of registration; and
iv. Mining permission before commencement of
construction activities at the project site.
Further, he undertakes to submit the three
separate Demand Drafts amounting to Rs. 25 lakhs each, as a security deposit
for timely compliance with the above requirements at point (i). It is also
expressly undertaken that in the event of failure to obtain and submit the
aforesaid approval within the stipulated time frames, the corresponding
security amount shall be liable to be forfeited by the Authority.
The Authority has taken note of the
submissions made by the AR 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 the two separate Demand Drafts amounting to Rs.
25,00,000/- (Rupees Twenty-Five Lakhs only) each, in favour of the Authority as
security amounts for timely submission of revised Environment clearance
approval, revised approved Fire Scheme, revised approved service plans and
estimates within 6 months from the date of grant of registration.
In the event of non-submission 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 mining
permission before commencement of construction activities at the project site.
With respect to the concern regarding late fee,
the opinion taken from Ld. AG, Haryana by the Authority in respect of Group
Housing Colony namely “GH 63” located at Sector-63, Gurugram regarding the
ongoing project and applicability of late fee wherein it is mentioned that it
is not possible to say that as on 01.05.2017, promoter was in a position to
start development of project because the building plans were not prepared what
to talk of sanctioned. Equally speaking, even without requisite permissions as
provided in section 4(2) of Act of 2016, the authority was not in a position to
grant registration. However, in the present matter, since the building plans of
the entire licensed colony had originally been approved on 26.05.2014 and
revised building plans were subsequently approved vide Memo No.
ZP-938-II/SD(RD)/2026/24449 dated 10.07.2026, and the promoter was in the
position to commence the construction/development of the project on site, therefore,
the project shall be considered as an ongoing project for the purpose of
applicability of late fee.
Regarding the levy of late fee in the said
project, the Authority observes that the earlier building plans for the said
phase were approved on 26.05.2014 which covers an area of 81,425.15 sq.m. Out
of this area, Phase-I, admeasuring 28,923.29 sq. m., had already been
registered with the Authority vide RC No. 06 of 2018 dated 02.01.2018.
Accordingly, for the purpose of levy of late fee, the unregistered area covered
under the earlier approved building plans is required to be taken into
consideration. Thus, the late fee is liable to be calculated on the balance
area of 52,501.86 sq.m as mentioned at S. No. 30.
Approved as proposed subject to rectification
of deficiencies mentioned above at S.no. 35.
The Registration Certificate shall be issued
after submission of the remaining deficiencies mentioned above at S.no. 35
including correction in Form A–H, online DPI, deficit fee and submission of three
separate Demand Drafts of Rs. 25,00,000/- (Rupees Twenty-Five Lakhs only) each
for submission of revised Environment clearance approval, revised approved Fire
Scheme, revised approved service plans and estimates within the time frame
mentioned above, along with the deficiencies mentioned at S. No. 35. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |