Godrej Zenith

Sh. Ashish Kush, Planning Executive briefed about the facts of the case. Sh. Abhijeet Sindhu (AR), Sh. Mansoor Ali (AR) and Ms. Surbhi Kapoor (AR) are present on behalf of the promoter. The AR of the promoter states that the reply to the complaint made by M/s Orris Infrastructure Pvt. Ltd. will be submitted within two days. The office to examine the reply on priority basis and to submit before the date of hearing. A notice to the complainant be also issued for attending the hearing on next date. The matter to come up on 11.03.2024

Sh. Ashish Kush, Planning Executive briefed about the facts of the case. Sh. Mansoor Ali (AR), Sh. Abhijeet Sindhu (AR) and Sh. J.K Dang (Advocate) are present on behalf of the promoter. Sh. Manan (Sr. Advocate) and Ms. Kanika Singhal (Advocate) are present on behalf of the Complainant i.e., M/s Orris Infrastructure Pvt. Ltd. The M/s Orris Infrastructure Pvt. Ltd. has filed a complaint on 26.02.2024 against the above said project requesting the Authority for not granting of RERA registration to the real estate project proposed to be developed on land admeasuring 14.275 acres by M/s Godrej Properties ltd. till all outstanding dues of M/s Orris Infrastructure Pvt. Ltd. in relation to the project namely “Godrej AIR” are cleared by Godrej Properties Ltd. The copy of the complaint has been supplied to the promoter and the promoter submitted their reply on 06.03.2024 in which the promoter vehemently denies all the allegations, assertions and contents of the application in toto. The promoter states that the application is not maintainable in terms of the provisions of the Act of 2016, as no person other than the applicant itself who had applied for the registration has a right to be heard while considering application for registration of a project under RERA Act, 2016. Further, he states that the applicant has no privity of contract with Godrej Properties Limited qua the land measuring 14.20265 acres located at sector 89, Gurugram (subject land is completely owned by Godrej Properties Limited), the complainant has no right or interest of any kind on the subject land. The application pending for adjudication before an Arbitral Tribunal is in respect of certain monetary claims between the applicant and Godrej Developers & Properties LLP. There is no adverse interim order qua the subject land passed by the Arbitral Tribunal or any other court/ Authority. The promoter requested the Authority ought not to entertain the captioned application and out rightly reject the same as not maintainable and untenable in the eyes of law and requested the Authority to consider the application for registration. The Advocate of the complainant stated that the respondent has failed to disclose the facts about the ongoing litigation between the company and respondent in respect of the project namely “Godrej Air” situated in Sector 85, Gurugram. He stated that there is a dispute between the Godrej Developers & Properties LLP setup by Godrej Properties Limited and the complainant i.e., M/s Orris Infrastructure Pvt. Ltd. w.r.t. the revenue sharing in the project namely “Godrej Air” for which they have filed a complaint in the Hon’ble Civil court and now the matter is before the Arbitration and respondent has failed to disclose the same. The Advocate of the promoter stated that the complaint pertains to another project of different entity and has no relation to the above said project and above land. Moreover, the DTCP has granted the license no. 151 of 2023 dated 20.07.2023 for the development of group housing project in favour of M/s Godrej Properties Limited after examining the land documents. Further, the promoter also submitted the land title search report and non-encumbrance certificate certified by the Naib Tehsildar as per the report there is no defect on land in any aspect. The Authority after going through the contention of both the parties observes that the complaint filed by M/s Orris Infrastructure Pvt. Ltd. pertaining to another project where both the parties were involved through LLP and it has nothing to do with the above said project nor with the land pertaining to the above said project. The Authority directed the promoter to disclose the litigation in the form A to H and DPI. However, it is clear that this is an interse dispute between two companies and does not have any effect on the above registration of project. Although, it was informed that the arbitration proceedings are going on but as on date there is no order affecting the present matter. In view of the above, the Authority is of the view that the same does not in any way affect the registration of the above said project which is an independent project having no relation with the project mentioned in the above said complaint. In view of the above the Authority decided to grant the registration certificate subject to confirmation of all formalities.