Good Earth Sixty 9

Sh. Sumeet, Engineering Officer cum Planning Coordinator and Ms. Asha, Chartered Accountant briefed about the facts of the case. Sh. Babloo (AR) is present on behalf of the promoter. The promoter applicant is requesting for waiver of late fee on the ground that no sale or 3rd party right has been created in the project which was initially planned to be leased out but now it has been decided to go for advertisement and sale of units. An affidavit with regard to no sale and no advertisement has already been submitted. The matter needs to be examined. The promoter is further directed to submit copies of the approved service plans and estimates, and other deficient documents as mentioned above. The matter is adjourned and to come up on 17.07.2023 for further necessary action.

Sh. Sumeet, Engineering Officer cum Planning Coordinator and Ms. Asha, Chartered Accountant briefed about the facts of the case. Sh. Kamal Kapoor (AR), Sh. Pawan Bohara (AR) and Sh. Prashant (AR) are present on behalf of the promoter. With regard to the applicability of late fee, the authority has sought the view of AG, Haryana in two other cases wherein it is submitted that i.                     The late fee shall not be applicable as the building plans have been approved recently and the promoter has not made any sale in the project and also no development works have been undertaken. ii.                   The promoter is liable to get his project register with the authority once the development works have been started in the project. In view of the above, all the three members are of the view that as per rule 2(O) this project comes under the definition of ongoing project wherein development has already been started way back. Therefore, the late fee should be charged. However, the Hon’ble Chairman stated that Panchkula RERA Authority is also working under the same RERA Act and Rules and they are not levying any late fee on those projects where activities as envisaged under section 3 are not undertaken by the developer and moreover opinion of AG, Haryana is not binding on the Authority. Further the trigger point of registration is to undertake the activities as mentioned under section 3 and not the start of development works. Hence the late fee is not leviable in the present instance. However, agreeing with the majority view it is decided that the late fee be levied. Further it has come to the notice of the authority that license of the project stand expired recently on 27.06.2023 and building plans on 26.06.2023. In view of the above, the AR of the promoter states that they will deposit the deficit fee (late fee) in the Authority under protest and will also submit the other deficit documents along with renewed license and renewed building plans and further request to grant the registration of the project. Keeping in view the above, the Authority decides to approve the registration to the project and the registration number will be granted only after submission of deficit fee and other deficit documents along with renewed license and renewed building plans.