Airia

The matter is adjourned and to come up on 21.07.2025.

Ms. Deepika, Planning Executive and Sh. Ashish Dubey, Chartered Accountant briefed about the facts of the project. Sh. Srinivasulu Dasari (AR), Sh. Deepak Sethi (AR) and Sh. Sharad Mohan Tiwari (AR) are present on behalf of the promoter. M/s Reach Promoters Pvt. Ltd. was granted License No. 150 of 2022 dated 28.09.2022 for developing a commercial colony over 6.95 acres in Sector 68, Gurugram, in addition to the previously granted License No. 17 of 2010 for an area of 6.26 acres. Subsequently, the promoter applied to migrate 4.1125 acres from License No. 150 of 2022 and 0.1688 acres from License No.17 of 2010 to a Commercial Plotted Colony under the Migration Policy dated 18.02.2016 issued by DTCP, Haryana. The request was accepted, and the migrated land was brought under a new License No. 138 of 2024 dated 05.11.2024. Additionally, two land parcels were excluded from License No. 150 of 2022 due to non-compactness. As a result, the area under License No. 150 of 2022 was reduced to 2.84375 acres, for which the promoter has now applied for registration under Section 4 of the Real Estate (Regulation and Development) Act, 2016 for a commercial project named “Reach The Stariia.” However, as per their latest reply dated 10.07.2025, they are seeking registration only for the 5th to 19th floors of the office complex under license no. 150 of 2022.   Upon scrutiny of the application for registration submitted by the promoter, it has come to the notice of the Authority that the applicant-promoter has applied for registration in respect of the additional licensed area under license no. 150 of 2022. However, scrutiny of the revised building plans dated 05.06.2025 reveals that certain areas falling under the earlier License No. 17 of 2010, particularly the setback areas, are also being utilized and developed by the promoter under the additional License No. 150 of 2022. This intermingling of land across both the licenses and the overlapping nature of the construction, brings the entirety of the development under the ambit of one real estate project for the purposes of registration under the Act.   The Authority observes that section 3 of the Act deals with the ‘Prior registration of real estate project with the Real Estate Regulatory Authority’ and the relevant section is reproduced as under: “3. Prior registration of real estate project with the Real Estate Regulatory Authority- (1)  No promoter shall 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, in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under this Act.            Provided that projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not been issued, the promoter shall make an application to the Authority for registration of the said project within a period of three months from the date of commencement of this Act.”   Furthermore, the Explanation to section 3 clarifies that: “Explanation. —For the purpose of this section, where the real estate project is to be developed in phases, every such phase shall be considered a stand-alone real estate project, and the promoter shall obtain registration under this Act for each phase separately.” It is important to emphasize on the proviso to section 3(1) of the Act, which mandates that the registration of the real estate project which are ongoing on the date of commencement of this Act and for which the completion certificate has not been issued within a period of three months from the date of commencement of this Act. The Authority further observes that the aforesaid provisions clearly mandate that either the entire real estate project must be registered as a whole, or if being developed in phases, each phase should be delineated as a standalone project and registered accordingly. However, in the instant case, the application for registration is neither for the entire real estate project nor for a clearly defined phase that qualifies as a standalone phase under the Act. It is pertinent to mention here that the Applicant-promoter in its application for registration had applied for registration of a certain selective part of a real estate project.   Keeping in view the present factual matrix, the Authority is of the considered view that such selective or partial registration of a real estate project, in this case, confined only to a few floors, does not meet the statutory requirement of section 3 of the Act. The Act does not envisage or permit a promoter to register only a component of a project unless it qualifies as a separate and independent phase, and is developed as such. In the present case, since the building plans indicate integration of development works across licensed areas, registration must necessarily encompass the entire real estate project. Hence, the contention of the applicant promoter regarding registration of certain part of the real estate project is not permissible in view of the provisions of the Act.   During the proceedings, the Authorized Representative (AR) of the promoter has stated that they are willing to amend their application to cover the entire real estate project under both the Licenses bearing No. 17 of 2010 and 150 of 2022 except the area under occupation certificate of the office area issued by DTCP vide memo no. ZP-603/SD(BS)/2017/18007 dated 27.07.2017 which is prior to the commencement of Rules, 2017. Accordingly, promoter seeks one weeks’ time to amend the application for registration. Request allowed.   In light of the above findings and in compliance with the provisions of Section 3 of the Act, the promoter is directed to: a.       Amend its application for registration to include the entire real estate project falling under both the License bearing No. 17 of 2010 and 150 of 2022, in its entirety except OC of 2017. b.      Deposit deficit fees, late fees as required under the Act, rules and regulations made thereunder. c.       Submit other project documentation as required under the Act.   The matter to come up on 21.07.2025.