Express Greens

Sh. J.S. Sindhu, Executive Engineer (Monitoring) briefed the facts of the case. Sh. Sunil Dutt Paliwal (Estate Manager) and Sh. Surender Singh (Manager) are present on behalf of the promoter. As per rule 3(4) of  the Haryana Real Estate (Regulation & Development) Rules, 2017 as amended from time to time application for registration of a real estate project of a promoter under clause (zk)(iii) of section 2 shall be restricted to submission of documents/information as required under clauses (d), (f) and(h) of sub-section (2) of section 4 only and other relevant information as required by Authority from time to time. Accordingly, only relevant information is to be submitted. The Hon’ble Supreme Court of India vide order dated 21.07.2022 in CA No. 8788 of 2015 has rejected the contentions of M/s DLF for exclusion of the project Express Green from the deemed award and has further directed under para 121 (h) of the said order as under: “121(h) – With respect to Express Greens (DLF), contentions to exclude the project from the deemed award are rejected. It is submitted that: (i)                HSIIDC shall complete the process of validating the title of allottees, including the title to the undivided and proportionate land share, within six months from the date of this judgment. (ii)              HSIIDC shall notify the balance allottees about the execution of sale deed- the process of execution and registration of sale deed to be completed within six months from the date of this judgment. HSIIDC shall ensure that a designated nodal officer is deployed to scrutinize the relevant documents and facilitate the execution of such sale deeds; and (iii)            All rights, title and interest in respect of the unsold 39 townhouses in the independent floors vests with the HSIIDC, which shall deal with them in accordance with its policies and applicable laws. Likewise, in case of unsold apartments, all rights, title and interest shall vest with HSIIDC. (iv)            With respect to 96 apartments on the 15th tower which have been completed but no occupation certificate has yet been issued, the DTCP shall ensure due inspection and decision on the pending occupation certificates. HSIIDC to complete any deficiency that has to be rectified. (v)               With respect to club houses and boundary wall in sector M-1 and M-1(A), the HSIIDC is directed to take up work immediately and complete the same with eighteen months from the date of this judgment. (vi)            All unconstructed and unallotted portions as well as construction rights (such as FAR) in respect of unconstructed, unallotted plots etc., including two school sites, shall vest absolutely with HSIIDC. HSIIDC is entitled to develop these areas in accordance with its policies within the framework of the applicable Master Plan development laws. DLF is entitled to collect amounts, if any, in terms of the main judgment of this Court. It shall hand over all records relating to the allottees, and technical data, pertaining to the entire project to HSIIDC within one months from the date of this judgment.”             The promoter i.e. HSIIDC proposed to auction the unallotted/unsold units. Accordingly, subject to submission of essential information as mentioned above, the Authority decided to grant registration and HSIIDC is directed to submit the payment plan and other documents both in soft and hard copies. The OC in respect of above units has already been obtained by erstwhile promoter on 28.05.2014 (Tower A to H and EWS Flats of Sector-M1A) and remaining works of infrastructure and community sites shall be completed by HSIIDC as per the schedule to be submitted by the applicant promoter i.e. HSIIDC. Since the project has been finally assigned by the order of Hon’ble Supreme Court only on 21.07.2022 and hence the registration and processing fee are to be levied w.e.f. said date of order.