Daxin Vistas

Sh. Shashank Sharma, Associate Engineer Executive and Sh. Ashish Dubey, Chartered Accountant briefed about the facts of the case. Sh. Rishi Pal, Complainant is present. Sh. Vineet Maheshwari (President, legal), Sh. Siddhantha Kapoor (AVP) and Sh. Vedant Batra (CS) are present on behalf of the promoter. The complainant present in person states that the project is developed on the agricultural land and promoter is not following the industrial policy approved by the DTCP. The complainant has raised the following objection: 1.       Before taking any booking amount for residential plot/flat, the colonizer shall have to complete the infrastructure facilities in the entire industrial colony and allot at least 1/3rd of the plotted industrial RE of permitted FAR of the flatted industrial area, in respect of the industrial use. But the colonizer is taking booking for residential area only without permission and in consideration he is taking undated cheques in advance from the general public. 2.       As per clause 1.7 (vii): For allotment of residential plots/flats, preference shall be given to the industry portion owners/executives/workers. But the colonizer has neither the developed the industrial portion of the said industrial colony nor he has intended to launch the said industrial portion of the said industrial portion. However, as per policy he will have to develop industrial portion of the said industrial colony before any allotment of residential area. 3.       The colonizer shall also plan dormitories/hostel for the industrial workers/labour. As per layout plan drawing no 10446 dated 20.08.2024, the colonizer has not planned any dormitories/hostel for the industrial workers/labour in the said industrial colony. 4.       As per said layout plan, the density of population is 9423 persons and no primary school, nursing home, dispensary, taxi stand and other community facility as per rule of residential plotted colony have not been provided. The AR present on behalf of the promoter stated that, they have submitted the reply against the complaint wherein it is clearly mentioned that copy of complaint/objections is unsigned which is nothing but a false, frivolous, baseless attempt having no merits and the complainant has relied upon the Old Clause 1.7 (v) of the Industrial licensing policy dated 01.10.2015 however, as a matter of fact, said old clause 1.7 (v) stands amended w.e.f. 09.03.2019. New Amended Clause 1.7 (v) of the policy dated 01.10.2015 is as under: - “The colonizer shall have to complete the infrastructure facilities in the entire industrial colony and allot at least 1/3rd of either plotted industrial area in case of industrial plotted colony or, the permitted industrial FAR in case of flatted industrial colony before he is allowed permission to occupy the facility created under the residential and commercial uses.” It is categorically clear that there is no obligation upon developer, prior to taking any booking, to complete the infrastructure facilities in the entire industrial colony and/or allot at least 1/3rd of the plotted industrial area of the permitted FAR of the flatted industrial area. The AR further stated that, they have never denied preference in allotment of residential plots to any industry owners/ executives/ workers. The AR stated that the project is being developed in accordance with permissions/approvals/sanctioned granted by the Competent Authorities and they will follow the policy approved by the DTCP. So far as the revision in the building plans for construction of additional 4th floor is concerned, the AR of the promoter states that 100% consent of the existing allottees shall be submitted in the Authority and the environment clearance is also applied. A security amount of Rs 25 lakh vide transaction no YESBR12024091200008002 dated 12.09.2024 has already been submitted in the Authority while approving the registration namely “Daxin Gurugram’s X Factor” approved vide RC no 95 of 2024 dated 20.09.2024 and as per the directions of the Authority, its final approval will be submitted by 19.01.2025. Regarding SPE, the BG amounting to Rs 16.14 crores for approval of SPE has already been submitted to DTCP on 02.09.2024 in anticipation of the demand from DTCP. Decision of the Authority:- The Authority is of the view that the policy regarding grant of licenses for development of Industrial colony in Industrial/Agricultural zone in view of Enterprises Promotion Policy-2015 has been approved by the State Government and the complainant can present his grievances before the competent authority which has granted the license and other approvals based on which the promoter has come for registration. The amended clause 1.7(v) of the said policy dated 16.11.2021 is as under:-  “The colonizer shall be allowed to occupy the residential and commercial component, in proportion to the area for which infrastructure facilities are completed in the industrial plotted colony or, the permitted FAR in case of flatted industrial colony and part completion/occupation certificate is obtained.” The promoter is bound to comply with the provisions of the said policy as applicable under which the said license i.e., 121 of 2024 dated 14.08.2024 has been granted. Further, if there is any delay by the promoter regarding the completion of the project then the promoter shall be responsible as per the provisions of section 18 of the Act of 2016. So far as compliance of Section 14(2)(ii) of the Act of 2016 is concerned, out of 526 consents submitted by the promoter (2/3rd consents of existing allottees) 33 random consents have been verified and found correct by the office. The promoter is further directed to submit the consents of 100% existing allottees. Further, it is observed that while approving the project namely” Daxin Gurugram’s X Factor”, approved vide RC no 95 of 2024 dated 20.09.2024 no security amount was taken for approval of SPE as the BG for approval of SPE had been submitted to DTCP. However, the promoter was directed to submit the approved SPE within two months i.e., up to 19.11.2024 which are almost over. In view of the above, the promoter shall submit the DD of Rs. 25 lakhs as a security amount to submit the approved SPE within 3 months from the issuance of the certificate and EC shall be submitted by 19.01.2025 for which security amount of Rs 25 lakhs has already been made to the Authority while approving the registration namely “Daxin Gurugram’s X Factor”. As the project site is a part of agriculture zone so, all the services shall be provided and maintained by the promoter until their provisioning by public authorities and a declaration to this effect shall be incorporated in the brochure also. Approved as above. The addendum certificate shall be issued after the above compliances and rectification of minor deficiencies in form A to H and DPI.