Icon At M3M Merlin (Tower T-11)

The promoter had applied for registration of the project on 24.08.2020 at the Haryana Real Estate Regulatory Authority, Gurugram. The deficiencies were conveyed to the promoter on 03.09.2020 vide letter no. HARERA/GGM/ RPIN/259 whereby the promoter was given an opportunity of hearing on 14.09.2020 at 3:00 pm in the office of HARERA, Gurugram. The Authority received an application from the promoter dated 10.09.2020 requesting an adjournment of 7 days because the promoter require more time to collect and compile the required data from the concerned departments due to Covid-19. The authority has granted an adjournment and a fresh opportunity of online hearing on 21.09.2020 at 3:00 p.m.

The matter fixed for 22.09.2020 

During online hearing, Mr. Abhijeet Faujidar is present on behalf of the promoter. The matter is discussed at length and it was found that group housing colony named M3M Merlin was developed on 13.344 acres of land under license no. 53 of 2011. The total FAR permissible as per earlier building plan dated 30.07.2016 is 9450.0412 sq. m and achieved is 93606.151 sq. m.  Total towers in the project is 10 along with a leftover land marked as “Area for future development”. Occupation certificate for tower 1 to 6, 7, 8 to 10, EWS, community building, shops has been received vide DTCP memo no ZP-748/SD(BS)/2017/5648 dated 24.03.2017. Later on, DTCP, Haryana vide TDR certificate no 04 of 2018 dated 21.06.2018 has granted additional FAR to M/s Benchmark Infotech Pvt Ltd. Accordingly, as per TDR utilization certificate no.1257-D/Asstt. (AK)/2017/5648 dated 01.01.2020, DTCP, Haryana has granted permission to M/s Consolidate Realtors Pvt Ltd to utilize 19142.85 sq. m of FAR under license no. 53 of 2011 out of the approved FAR 55588.18 sq .m of TDR certificate no. 4 of 2018. Now, total approved FAR including permitted TDR is 113644.89 sq. m out of OC granted for 93605.08 sq. m. balance FAR is 20038.75 sq. m. Building plan is revised vide memo no. 12566 dated 15.07.2020 which includes new tower named T-11 (ICON at M3M Merlin). This tower is a G+29 floor with 2 basements and the approved FAR for this tower is 18223.494 sq. m and the same is applied for RERA registration.     As per section 14(2) of Real Estate (Regulation and Development) Act, 2016 which is reproduced below: “Adherence to sanctioned plans and project specifications by the promoter (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) any additions and alterations ……… (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. Explanation.—For the purpose of this clause, the allottees, irrespective of the number of apartments or plots, as the case may be, booked by him or booked in the name of his family, or in the case of other persons such as companies or firms or any association of individuals, etc., by whatever name called, booked in its name or booked in the name of its associated entities or related enterprises, shall be considered as one allottee only.” Only the balance FAR out of the earlier permissible FAR can be used in this area left for future development and the rest area will be used for green area or open area. Therefore, the project has undergone revision and it is mandatory for the promoter to obtain 2/3rd allottees consent before taking registration from the authority because section 14(2) of RERA Act, 2016 is applicable on this project. Also, the promoter is required to submit the deficit documents along with deficit fees. The matter will be heard on 12.10.2020

matter adjourned for 14.12.2020

matter adjourned for 08.02.2021

No reply submitted by the promoter. Authority considered the matter as per agenda note and decided that we should wait for reply of the reference sent to the Director, Town and Country Planning, Govt. of Haryana, Chandigarh for clarification and guidance in the matter. Hearing adjourned for 22.02.2021.