Godrej Zenith

Ms. Deepika, Planning Executive and Sh. Ashish Dubey, Chartered Accountant briefed about the facts of the case. Sh. Gautam babbar (AR), Sh. Vipul Kumar (AR), Sh. Ranjit Bhambhu (AR) & Sh. Anisha Bhandari (AR) are present on behalf of the promoter. Sh. Gautam Wadhwa, Sh. Mukesh Khanna, Sh. Sanjeev Kumar Bhardwaj, and Sh. Jitender Bhatia are present on behalf of the complainants. The objections raised by the complainants relate to the validity of the consent given by the allottees and the alleged impact of the amendment on the rights and interests of the existing allottees, including changes in density, layout, green areas, open spaces, and amenities. The Authorized Representative of the promoter states that they have applied for amendment in registration of project pursuant to revision in building plans and has submitted the latest updated consent of more than 2/3rd of the existing allottees. The AR of the promoter further states that, in Towers 1 to 5, the area of the fire lobby is deducted from the FAR area and, apart from this, there is no other change. In Towers 6 to 8, one additional floor is added to each tower, while two additional floors are added to Tower 9. It is further stated by the AR of the promoter that a public notice dated 31.07.2026 was issued inviting objections regarding the proposed amendment to the project registration. In response, four out of the 1,509 allottees raised objections regarding the issues mentioned above. In response to the objections, the Promoter states that the requisite consent of more than 2/3rd  of the allottees has been submitted in the Authority, thereby fulfilling the statutory requirement under Section 14(2)(ii) of the RERA Act. It is further stated that there is no change in the carpet area, specifications, parking, consideration or possession timeline of the existing allottees. The revised plans have been duly examined and structurally certified by the concerned department, and the objections have been duly considered. After completion of the prescribed process, final approval of the revised building plans has been granted on 22.06.2026 by DTCP, Haryana. The AR of the promoter states that presently the approval of revised service plans and estimates and revised electrification plan are under process and the said approval has not yet been obtained as on date. Further, the Authorized Representative of the promoter undertakes to obtain and submit: i.       Revised Service Plans and Estimates within 6 months from the date of grant of amendment in registration; and, ii.    Revised Electrification Plan within 3 months from the date of grant of amendment in registration.   Further, he undertakes to submit a Demand Draft/Bank Guarantee amounting to Rs. 25 lakhs, 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 frame, the said security amount shall be liable to be forfeited by the Authority. The Authority has taken note of the submissions made by the Authorized Representative 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 a Demand Draft/Bank Guarantee, amounting to Rs 25,00,000/- (Rupees Twenty-Five Lakhs only), in favour of the Authority, as security amount for timely submission of Revised Service Plans and Estimates within the time period mentioned above. In the event of non-submission of the above approval within the prescribed time frame, 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 the revised Electrification Plan within the time period mentioned above. The AR of the promoter requests to grant amendment in registration of the project after adding extension of four months granted by the Authority vide order dated 11.08.2026. Insofar as the allegation regarding two-third consent is concerned, it is important to go through the relevant provision of the Act which is reproduced as under: “14. Adherence to sanctioned plans and project specifications by the promoter (1) … (2) Notwithstanding anything contained in any law, contract or agreement, after the sanctioned plans, layout plans and specifications and the nature of the fixtures, fittings, amenities and common areas, of the apartment, plot or building, as the case may be, as approved by the competent authority, are disclosed or furnished to the person who agree to take one or more of the said apartment, plot or building, as the case may be, the promoter shall not make- (i) … (ii) any other alterations or additions in the sanctioned plans, layout plans and specifications of the buildings or the common areas within the project without the previous written consent of at least two-thirds of the allottees, other than the promoter, who have agreed to take apartments in such building.” It is observed that the total number of allottees in the present project are 1509 and the promoter has submitted written consent of 1110 unique allottees which is far more than the statutory requirement of two-third consent as per section 14(2)(ii) of the Act. Even if the objections of all 4 objecting allottees are excluded from the consent count, the promoter would still have 1106 valid consents. This remains higher than the statutory threshold and the requirement under the Act, therefore, stands complied with. Further, with regard to the objections raised by the allottees seeking individual relief, the applicants may seek appropriate relief under the Act of 2016 by filing a complaint under Section 31 of the Act of 2016 before the Authority, in the prescribed form and along with the prescribed fee, whereupon the Authority may initiate further proceedings as deemed appropriate. Approved as proposed, subject to rectification of the deficiencies mentioned above at S. No. 44, including submission of a notarized affidavit from the CEO/Director/MD regarding the genuineness and originality of the consent. The amendment in registration is without prejudice to the rights of the existing allottees under the provisions of Act of 2016, Rules and Regulations made thereunder. The Authority noted that the promoter is entitled to the benefit of additional period of four (4) months in view of the Office Order dated 11.08.2026, accordingly, the benefit of the said 4 months period be incorporated in the certificate. The Addendum Certificate shall be issued after submission and rectification of the remaining deficiencies mentioned above, including correction of Form REP-I (Part A–H), updating of the Online DPI, submission of a notarized affidavit regarding the genuineness and originality of the consent and revised documents including REP-II, and submission of a DD/BG of Rs 25 lakh towards submission of the Revised Service Plans and Estimates within the timeframe mentioned above.