Elan The Emperor

Sh. Shashank Sharma, Associate Engineer Executive briefed about the facts of the case. Sh. Sumit Chaudhry (AR) is present on behalf of the promoter and states that late fee is not applicable on them, as the building plans for first phase comprising of 08 Nos. of towers on land admeasuring 12.767 acres out of the total licensed land i.e., 24.10 acres were approved by DTCP, Haryana vide Memo No. ZP-1629/PA(DK)/2022/32388 on 26.10.2022 and the remaining area was shown as future development. Thereafter, revision of building plans (phase 2 and 3) was approved by DTCP vide memo no ZP-1629-III/SD(RD)/2024/39072 only on 10.12.2024. No building plans for this part was earlier approved. Further, while approving the project namely “Elan The Presidential” vide RC no 101 of 2022 dated 21.11.2022 late fee was imposed by the Authority and the promoter had submitted the late fee in the Authority under protest. Thereafter, the promoter has approached the Hon’ble HREAT on 17.10.2023 to challenge the late fee imposed. In this regard, an order has been pronounced by Haryana Real Estate Appellate Tribunal, Haryana on 07 January 2025 in favour of M/S Elan Avenue Limited by allowing the appeal in appeal no 3 - MT of 2024 and setting aside the imposition of late fee of Rs. 1,31,21,352/-. Same has been ordered to be refunded to the appellant as done in the case of ‘Elan Imperial’. The AR further states that they have submitted the BG amounting to Rs 1,93,00,000/- vide BG no 002BG03250060001 dated 06.01.2025 of Yes Bank to DTCP on 07.01.2025 to release the approved SPE and the EC for the said project has been approved in the meeting of SEAC. The promoter has submitted the 2/3rd consents of the existing allottees in the Authority and random confirmation of consents submitted by the promoter has also been done by the concerned AEE. Further, a public notice was also published in 3 three newspapers on 25.12.2024 regarding revision in the building plans against which no complaints has been received in the Authority. This is without prejudice to the rights of the allottees who have not given their consent under section 14 of the Act, 2016. Keeping in view the fact that, only license for developing group housing colony was obtained by the promoter and no further approvals such as building plans of the phase 2 and 3 etc. to start developing the proposed real estate project were obtained by the promoter, the project cannot be categorized as ‘On going” project in view of advice of AG, Haryana sought in respect of Group Housing Colony namely “GH 63” located at Sector-63, Gurugram regarding the ongoing project. The first building plans i.e., for phase-1 were approved by DTCP, Haryana vide Memo No. ZP-1629/PA(DK)/2022/32388 on 26.10.2022 wherein the remaining area was shown as future development and revised building plans (phase 2 and 3) were approved by DTCP, Haryana vide memo no ZP-1629-III/SD(RD)/2024/39072 on 10.12.2024. Further Hon’ble HREAT has also allowed the appeal on 07.01.2025 of Elan Avenue Ltd. Vs Haryana Real Estate Regulatory Authority, Gurugram in appeal no 3 - MT of 2024 and set aside the imposition of late fee amounting to Rs. 1,31,21,352/- and directed to refund to the appellant i.e., M/s Elan Avenue Ltd. which be put up on file separately. Approved as proposed. The promoter has already submitted the BG of Rs 1,93,00,000/- to DTCP on recommendation of Chief Engineer, HSVP and approved SPE will be submitted within two months. The EC has been approved in the meeting of SEAC on 13.12.2024 and a BG/DD of Rs. 25 lakh is being submitted for final approval of EC within four months. The RC shall be issued after submission of corrections in form A-H and DPI along with the BG/DD as per above.