Habitat 102

the matter is adjourned to 29.11.2021

Proceedings Dated: 29.11.2021 Sh. S. K. Kaushik (GM), Sh. Pradeep Garg (GM) and Sh. Dilshad Khan (AGM) were present on the behalf of the promoter. Ar. Neeraj Gautam, Associate Architectural Executive briefed the facts about the case. The authority directed the AR to submit the deficit documents to the authority before the next date of hearing. Matter to come up on 20.12.2021

Proceedings Dated: 20.12.2021 Sh. S. K. Kaushik (GM), Sh. Pradeep Garg (GM) and Sh. Dilshad Khan (AGM) were present on the behalf of the promoter. Ar. Neeraj Gautam, Associate Architectural Executive briefed the facts about the case. Architectural associate brought to the notice of the authority that Emaar India Land Limited (earlier known as Emaar MGF Land Limited) had entered into various agreements with its group companies namely Fluff Propbuild Pvt. Ltd. on 30.04.2013, Rudrakasha Relators Pvt. Ltd. on 30.04.2013, Tanmay Developers Pvt. Ltd. on 15.07.2006, Grog Propbuild Pvt. Ltd. on 29.05.2013, Gamut Propbuild Pvt. Ltd. on 20.01.2007, Gallery Propbuild Pvt. Ltd. on 20.0120.2007, Sarvodaya Buildcon Pvt. Ltd. on 10.06.2013, Sewak Developers Pvt. Ltd. on 14.05.2013, Hope Promoters Pvt. Ltd. on 29.05.2006, Crock Buildwell Pvt. Ltd. on 25.05.2006 and Monga Properties Pvt. Ltd. on 14.05.2013 Further, the landowners, Emaar India Limited and M/s Habitat Township Pvt. Ltd. later entered into another Joint Development Agreement on 15.12.2020 authorizing M/s Habitat Township Pvt. Ltd. to develop the affordable group housing project on the land admeasuring 9.3625 acres situated in revenue estate of village Kherki Majra, Sector 102, Gurugram, Haryana. As per the above said agreement, the Developer has to pay Emaar India Limited (which is neither a license holder not a land owner) 17% of the net sales revenue of the project, equivalent to minimum guarantee of Rs. 68,81,43,750/-. As per the license No. 41 of 2021 issued by DTCP in favour of M/s Rudraksha Realtors Pvt. Ltd. and 10 others in collaboration with M/s Habitat Township Pvt. Ltd., the developer M/s Habitat Township Pvt. Ltd. is responsible for the entire development of the project ‘Habitat 102’. It is observed by the authority that the license is granted by the DTCP in favour of landowners in collaboration with developer on the basis of joint development agreement signed between the landowners and the developer. This is a peculiar case where development agreements were signed between the landowners and M/s EMAAR India Ltd. Accordingly EMAAR becomes collaborator/developer if license was applied by the landowners in collaboration with EMAAR India Ltd.  Rather than applying license by the landowners through developers M/s EMAAR India Ltd. a new joint development agreement was signed among landowners, M/s EMAAR India Ltd. the original collaborator/developers of the landowners and a new entity by the name M/s Habitat Township Pvt. Ltd. wherein the rights acquired by EMAAR India Ltd. were further transferred to M/s Habitat Township Pvt. Ltd. The DTCP has issued license in the land of landowners in collaboration with M/s Habitat Township Pvt. Ltd. without any mention of M/s EMAAR India Ltd. despite the fact that license has been issued on the basis of joint collaboration agreement where EMAAR India Ltd.  is also a conforming party along with landowners. As per the joint collaboration agreement entire consideration of the agreement is payable/paid to M/s EMAAR India Ltd.   The promoter shall submit amended license from DTCP acknowledging M/s EMAAR India Ltd. as the co- developer in the license no. 42 of 2021 along with M/s Habitat Township Pvt. Ltd. within two months from the date of grant of registration. The authority decided to grant the registration subject to the submission of bank guarantee of Rs. 50 lakhs on account of approved service plans and estimates, approved fire scheme and amended license within a week. This bank guarantee shall be forfeited in case the approved fire scheme, approved service plans and estimates and amended license are not submitted in the authority within three months from the date of grant of registration.