ATS Grandstand Phase-2

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.