102 Eden Estate III

The matter is adjourned and to come up on 13.01.2025. 

Sh. Sumeet, Engineering Officer and Sh. Ashish Dubey, Chartered Accountant briefed about the facts of the case. Sh. Rahul Sharma (AR) is present on behalf of the promoter. Sh. Sudhakar Agarwal is also present who filed an objection against revised layout plan and states that he booked a floor on plot no. A-103 from the promoter wherein the floor/unit was shown to him as three side open for which PLC was also charged. Now the promoter has created plot no. A-102 adjacent to plot no. A-103 due to which his unit will be left two side open and submits the objection against the same. The AR of the promoter states that the status of plot no. A-103 has not been changed as the same stands approved in the layout plan of the colony since 2012 with two sides open with plot no. A-102 & A-104 abutting the said plot no. A-103. There is no revision in that particular area wherein the plot no. A-103 is located in the revised layout plan of the project approved at the time of granting additional license for which registration is applied herein. Further the promoter undertakes to submit an undertaking in this regard. A perusal of the earlier approved plan and revised layout plan depicts that there is no revision in the area where the objections have been filed. In view of the above, the objection is without merit and the complainant may file a complaint under the relevant provisions with the authority with regard to his grievances if any. The license has been issued in collaboration with landowners and there is area sharing collaboration between the developer promoter and the landowners. Therefore, the land owners/collaborators are also requested to appear before the Authority to present their concerns if any. An intimation through mobile phone/email should be sent by office to the land owners to appear before the authority on next date of hearing. The matter to come up on 11.02.2025 at 03.00 PM. 

Sh. Sumeet, Engineering Officer and Sh. Ashish Dubey, Chartered Accountant briefed about the facts of the case. Sh. Rahul Sharma (AR) is present on behalf of the promoter. Sh. Mohinder Singh, Sh. Jasbeer Singh, Sh. Chanderbhan Singh, Sh. Satyawan, Sh. Narender Pal, Sh. Satpal and Sh. Bijender, landowners are present before the authority and states that they have no concern/objection with regard to area/plot allotted to them in terms of collaboration agreements. It is observed that the layout plan now submitted in the present registration application affects existing area and some adjoining plots of RC no. 31 of 2020 and 54 of 2021. Although as per policy issued by DTCP, Haryana vide memo no. Misc-862/2023/7/1/2023-2TCP/11689-91 dated 24.04.2023 clause 3.1.2.ii, the present change does not constitute revision of layout plan for seeking 2/3rd consents of the concerned allottees, the authority considers it appropriate to issue a public notice for two weeks in three newspapers (two English and one Hindi) of wide circulation providing details of the concerned RC’s affected and inviting objections with regard to present application for registration. The matter to come up on 03.03.2025.

Sh. Sumeet, Engineering Officer and Sh. Ashish Dubey, Chartered Accountant briefed about the facts of the case. Sh. Rahul Sharma (AR) is present on behalf of the promoter. Sh. Bikram Chatterji (Advocate) along with RWA members (Sh. Sher Singh, Sh. Rajesh Bhardwaj & Sh. Swarn Singh) is present on behalf of the RWA of Amstoria Country Floors, Sector 102, Gurugram. Sh. Arun Yadav, Sh. Sumer Singh and Sh. Rambir are present as resident/allottee in the project. The Association of allottees of existing colony and residents of the colony have submitted the objections against the public notice issued for revision in layout plan of the residential plotted colony. The copy of same be supplied to the applicant promoter for filing reply within three days. The matter to come up on 10.03.2025.

Sh. Sumeet, Engineering Officer and Sh. Ashish Dubey, Chartered Accountant briefed about the facts of the case. Sh. Rahul Sharma (AR) is present on behalf of the promoter. A public notice regarding revised layout plan was published in three newspapers against which various objections were received in the Authority. The Authority has passed a detailed order regarding the same wherein it is observed that: 1.      The recent approved layout plan after grant of additional license is not a revised layout plan in terms of para 3.1.2.ii of DTCP policy dated 24.04.2023 as clearly decided by ACS, TCP, Haryana vide order dated 14.11.2024 in appeal no. 87 of 2024 as the changes made in the earlier layout plan are limited to 0.88 acres which is less than 1 acres. 2.      The additional license no. 165 of 2024 dated 28.11.2024 has been issued in the name of Countrywide Promoters Pvt Ltd but later on DTCP orders dated 28.01.2025 that in compliance of the Hon’ble NCLT, Chandigarh orders dated 20.09.2024 license no. 165 of 2024 dated 28.11.2024 shall now be considered to be granted in favour of BPTP Ltd. 3.      DTCP, Haryana has granted the additional license and accordingly approved the layout plan of the plotted colony as per the norms keeping in view the basic amenities/services/facilities/infrastructure etc. required for the development of residential plotted colony. Any deficiency in the same as approved in layout plan may be taken up with DTCP, Haryana. 4.      A bare perusal of the objections shows that the allottees/RWA have general issues with the promoter developer regarding the project amenities/specifications etc.  for which any aggrieved person may file a complaint with the authority in prescribed format under provisions of Section 31 of the Act, 2016. Further, a complaint has already been filed by RWA vide complaint no. 759 of 2023 which is being dealt by the authority in its court proceedings. 5.      The promoter is bound to submit the required documents for grant of RERA registration of the project and the Authority will process the application after due examination of same. Once the registration is granted each document shall be available for public viewing and perusal on the website of the Authority.   The AR of the promoter states that they have already submitted the two DDs amounting Rs 25 lakhs each as a security deposit to submit the approved service plan & estimates and environment clearance within four months of grant of registration to the project and request to grant the registration to the project.   The promoter has applied for registration of the project over an additional licensed area measuring 9.903 acres vide additional license no. 165 of 2024 dated 28.11.2024. After grant of additional license, combined layout plan of residential plotted colony has been approved and a perusal of the same clearly states that some additional plots are in share of two separate licensed areas as the additional licensed land is adjacent to earlier sanctioned licensed land wherein there was UD (Undetermined area) and now after grant of additional license, the promoter has utilized the UD area and demarcated the plot area over that area attached with additional licensed area.   The earlier licensed area of the promoter, adjacent to the new additional licensed area for which the present application for registration has been submitted, is registered vide RC no. 31 of 2020 dated 09.10.2020 and 54 of 2021 dated 21.09.2021. In the earlier registered projects, there was some area shown as “Undetermined Use” (UD) which has now been converted to planned area wherein plots have been demarcated due to grant of the additional license. Such plots wherein the UD area adjacent to additional licensed area in the above registered projects has been converted into new plots shall be reflected in the new registration certificate. The changes in the above registered projects shall also be reflected in addendums to be issued for the respective registration certificates.   Approved subject to above. Further, an addendum to the already registered projects be also issued stating that some UD areas adjacent to additional licensed land vide license no. 165 of 2024 dated 28.11.2024 have been converted in planning and the plots demarcated over those areas have been considered in the new registration certificate for the additional licensed project.   The registration certificate shall be issued after submission of remaining deficiencies mentioned above including correction in A-H form and Online DPI.   Detailed order on the objections shall follow.