Emaar India Business Centre (Phase-2)

Ms. Deepika, Planning Executive and Ms. Asha, Chartered Accountant briefed about the facts of the case.   Sh. Venkat Rao (Advocate), Sh. Kulbhushan (AR), Sh. Anitesh Chauhan (AR) and Ms. Deepa (AR) are present on behalf of the promoter.   It is noted that the total licensed area of the project, admeasuring 5.65 acres, was initially registered with interim RERA, Panchkula vide Registration Certificate No. 58 of 2017 dated 17.08.2017, with a registered FAR of 56,246.47 sq. m. Subsequently, the promoter applied to this Authority for continuation of registration after obtaining the revised building plan approval vide Memo No. ZP-400-III/PA(DK)/2025/11992 dated 02.04.2025, and the phasing plan approval vide Memo No. ZP-400-II/PA(DK)/2024/40517 dated 19.12.2024, which included an increase in FAR.   The FAR factor of the project was revised from 3.25 to 4.86, and the project was bifurcated into two phases as per the approved phasing plan. After examination of the file, the continuation of registration under Section 7(3) of the Real Estate (Regulation and Development) Act, 2016 was granted on 30.06.2025, incorporating the revised FAR. In the said continuation file, Phase-I was reflected as the area under active planning and development, while Phase-II was shown as the area earmarked for future development. Now, the promoter has obtained building plan approval for Phase-II vide Memo No. ZP-400-A/PA(DK)/2025/35327 dated 08.09.2025, and has accordingly submitted an application for registration under Section 4 of the Act, 2016 for Phase-II on 08.10.2025.   However, the Authority observes that the entire licensed area measuring 5.65 acres had already been registered by the interim RERA vide RC No. 58 of 2017. Once an area has been registered under the Act, the same land cannot be registered again as a new project. Therefore, the Authority is of the view that the revised increased area/FAR is required to be incorporated through amendment in the already granted continuation of registration, and not by way of a fresh registration for Phase-II.   In light of the foregoing, it is pertinent to note that: (i) the licensed land in question already stands registered by the interim RERA, Panchkula; (ii) despite the passage of several years, no construction activity has commenced at the project site; and (iii) the promoter has now obtained building plan approval for phase-II on 08.09.2025 under the TOD and TDR policies, though the underlying land remains the same as previously registered.   The Authorized Representative of the promoter submits that presently fire scheme approval  as well as approved service plans and estimates have not yet been obtained as on date in respect of the Phase-II. The AR of the promoter further undertakes to obtain and submit the Fire Scheme approval as well as approved service plans and estimates within 4 months. In this regard, the promoter has deposited two Demand Drafts bearing No. 122333 and 122334 dated 06.11.2025, amounting to Rs. 25 lakhs each, as a security deposit for timely compliance with the above requirement. It is also expressly undertaken that in the event of failure to obtain and submit the aforesaid approval within the stipulated time frame, the said security amount shall be liable to be forfeited by the Authority. The Authority observes that the Act does not contain any provision permitting re-registration of the same land once registration has already been granted by the Authority in respect of the same land. Accordingly, keeping in view the facts that construction has not commenced and the building plans for phase-II have now been approved along with the phasing plan, the Authority is inclined to allow amendment in continuation of registration under Section 7(3) of the Act, subject to the conditions that the promoter shall submit the following approvals within respective timeframes specified below: a)  Fire Scheme approval within 4 months from the date of grant of amendment in continuation of registration certificate; b)  Approved Service Plans and Estimates within 4 months from the date of grant of amendment in continuation of registration certificate;   The amendment in continuation of registration is granted without prejudice to the rights of existing or erstwhile allottees under Section 18 of the Act. The promoter shall comply with all conditions prescribed in the continuation registration certificate.   The amendment in continuation of registration certificate shall be issued only after rectification of all deficiencies, including submission of the deficit fee, corrections in the Online DPI and submission of the pending documents mentioned at Point No. 29.