M2K Olive Green Floors - Phase II

Next hearing date 24.08.2026

Sh. Ashish Kush, Planning Executive and Ms. Asha, Chartered Accountant briefed about the facts of the case. Sh. Vikash Agarwal, Sh. Govind Harbhajanka and Sh. Manoj Kumar are present on behalf of the promoter and states that the reply to the above deficiencies has been submitted today i.e., 17.08.2026. It has come to the notice of the Authority that Hon’ble High Court of Punjab and Haryana vide order dated 02.04.2026, in the CWP-PIL-212-2024 (O&M) titled as Sunil Singh V/s State of Haryana and Anr., has restrained the State from going ahead with the ‘Stilt + 4 Policy” for the residential plots and to stay the effect and operation of the impugned order/ notification for the time being, till the next date of hearing. Pursuant to the above order dated 02.04.2026, the Director, Town & Country Planning, Haryana (DTCP, Haryana) vide Memo no.  Misc-2339-L(S+4)/2026/10996-999 dated 03.04.2026, has directed that all approvals in respect of construction of Stilt + 4 floors in residential plots be kept on hold until the embargo imposed by the Hon’ble High Court is lifted. Further, Senior Town Planner (HQ), for DTCP, Haryana vide Endst no. Misc-2339-L(S+4)/2026/11002-06 dated 03.04.2026 has issued directions to all concerned officers and branches that no Layout Plans, Zoning Plans, or Service Plan Estimates be approved with density of 18 persons per plot or for construction of Stilt + 4 floors during such intervening period, till the stay on operation of instructions dated 02.07.2024 is removed by Hon’ble High Court. Further, the matter was listed for hearing on 08.04.2026 before the Hon’ble High Court and was adjourned to 17.04.2026. On 17.04.2026, due to paucity of time, the matter could not be taken up and was accordingly adjourned to 27.04.2026. On 27.04.2026, after conducting a spot inspection of the particular area of Gurugram, particularly Sector 28, DLF Phase-I, Gurugram, the Hon’ble Court passed an interim order. The Hon’ble Court clarified that the order dated 02.04.2026 relates exclusively to the District of Gurugram and not to any other district of the State of Haryana. However, the impugned order dated 02.07.2024, which pertains to all districts of the State of Haryana, shall remain subject to the final outcome of the petition. It was further clarified that interim orders are prospective in nature. Thereafter, the matter was listed for hearing on 04.05.2026 and subsequently on 12.05.2026 for the remaining arguments. On 25.05.2026, the matter was adjourned to 21.07.2026 and thereafter successively to 27.07.2026, 11.08.2026 and further to 27.08.2026. The present application dated 10.07.2026 pertains to registration of 144 floors over 36 plots, which is intrinsically linked to the Stilt + 4 Floor Policy, presently under stay in the District of Gurugram. Keeping in view the above including the orders passed by the Hon’ble High Court, the Authority cannot proceed with the present application as such. The AR further requests the Authority to grant registration of the project comprising Stilt + 3 floors under Section 4 of the Real Estate (Regulation and Development) Act, 2016, and submits a representation in this regard, which is taken on record. The AR further submits that the matter before the Hon’ble High Court is now listed for 27.08.2026 and, in view thereof, requests that the present matter may kindly be adjourned for a period of two weeks. With regard to the request of the promoter for grant of registration in respect of Stilt + 3 floors, the Authority is of the considered view that such registration cannot be granted in respect of the plots where the building plans have already been sanctioned by the competent authority for construction of Stilt + 4 floors. The registration sought under Section 4 of the Act must correspond with the approvals and sanctioned plans granted by the competent planning authority. Accordingly, the promoter is required to first obtain the requisite revised approval/sanction from the competent authority permitting construction of Stilt + 3 floors, or such other approval as may lawfully enable the promoter to proceed with the project, and thereafter submit the same before this Authority along with a fresh/appropriate application for registration, in accordance with the provisions of the Act and the rules and regulations made thereunder. In view of the aforesaid position and the subsisting judicial proceedings concerning the Stilt + 4 Floor Policy, the Authority is not inclined to proceed with the present application at this stage. Accordingly, the request of the AR for adjournment is accepted and the matter is adjourned for 07.09.2026.

Sh. Ashish Kush, Planning Executive and Ms. Asha, Chartered Accountant briefed about the facts of the case. Sh. Govind Harbhajanka (AR) is present on behalf of the promoter. The promoter has submitted a representation stating that construction of Stilt + 4 Floors on the said plots is permissible under Policy/Memo No. Misc-2339(L)(S+4)/2024/19679-83 dated 02.07.2024, which specifically permits Stilt + 4 Floors in already licensed DDJAY colonies where the services plan has been approved/revised on the basis of a density of 18 persons per plot. In the present case, the services plan of the colony was duly approved/revised for the enhanced density of 18 persons per plot, as against the earlier density of 13.5 persons per plot, the Building Plans for all 36 plots were duly sanctioned by the Competent Authority on 30.04.2025 for Stilt + 4 Floors, resulting in 144 independent residential floors/units. It is further submitted that DTCP, Haryana granted the Completion Certificate for the entire DDJAY Plotted Colony vide Memo No. LC-4227/JE(AK)/2025/40552 dated 17.10.2025. Accordingly, in view of the applicable policy, duly sanctioned Building Plans, payment of requisite charges and completion of the colony, there is no impediment to undertaking/concluding the construction of the sanctioned Independent Residential Floors in the said Real Estate Project. Accordingly, the interim restraint cannot retrospectively affect rights, permissions or approvals that had already accrued prior to 02.04.2026. In the present case, the Building Plans were duly sanctioned on 30.04.2025, when the S+4 Policy was operative. The said sanction has neither been quashed nor cancelled nor specifically invalidated by the Hon’ble High Court. Therefore, the present application for RERA registration, being based on Building Plans sanctioned on 30.04.2025, does not amount to any fresh implementation of the S+4 Policy after the interim order. The mere pendency of the writ proceedings and the prospective interim restraint cannot, by themselves, constitute a legal bar to grant of the RERA Registration Certificate. It has come to the notice of the Authority that Hon’ble High Court in its hearing dated 02.04.2026 in the CWP-PIL-212-2024 (O&M) titled as Sunil Singh V/s State of Haryana and Anr. has restrained the State from going ahead with the ‘stilt + 4 Policy” for the residential plots and to stay the effect and operation of the impugned order/ notification for the time being, till the next date of hearing. Pursuant to the above order dated 02.04.2026, the Director, Town & Country Planning, Haryana (DTCP, Haryana) vide Memo no.  Misc-2339-L(S+4)/2026/10996-999 dated 03.04.2026, has directed that all approvals in respect of construction of Stilt + 4 floors in residential plots be kept on hold until the embargo imposed by the Hon’ble High Court is lifted. Further, Senior Town Planner (HQ), for DTCP, Haryana vide Endst no. Misc-2339-L(S+4)/2026/11002-06 dated 03.04.2026 has issued directions to all concerned officers and branches that no Layout Plans, Zoning Plans, or Service Plan Estimates be approved with density of 18 persons per plot or for construction of Stilt + 4 floors during such intervening period, till the stay on operation of instructions dated 02.07.2024 is removed by Hon’ble High Court. Further, the matter was listed for 08.04.2026before Hon’ble High Court which was adjourned to 17.04.2026. On 17.04.2026, due to paucity of time, the matter could not be taken up for hearing and fixed for 27.04.2026. On 27.04.2026, the interim order was passed after conducting a spot inspection of a particular area of Gurugram, especially in Sector 28, DLF, Phase-I, Gurugram, therefore, we would like to clarify that the order dated 02.04.2026, relates exclusively to the District of Gurugram and not to any other districts of State of Haryana. However, the impugned order dated 02.07.2024, which relates to all the districts of the State of Haryana shall remain subject to the final outcome of this petition. We also clarify that interim orders are always prospective in nature. The matter was listed for 04.05.2026. On 04.05.2026, the matter is fixed for 12.05.2026 for remaining arguments. Further, on 25.05.2026, the matter has been adjourned to 21.07.2026 and thereafter successively to 27.07.2026, 11.08.2026, 27.08.2026 and further to 23.09.2026. The present application dated 10.07.2026 pertains to registration of 144 floors over 36 plots, which is intrinsically linked to the Stilt + 4 Floor Policy, presently under stay in the District of Gurugram. In view of the interim directions issued by the Hon’ble High Court and the consequential instructions issued by DTCP, Haryana, the Authority is of the considered view that the present application cannot be processed at this stage. Accordingly, the application dated 10.07.2026 for registration of the project is hereby returned, with liberty to the promoter to apply afresh after appropriate clarification/relaxation is obtained regarding the “Stilt + 4 Floor Policy” from the Hon’ble High Court and the Department of Town & Country Planning, Haryana. The fee deposited by the promoter amounting to Rs 1,00,000/- shall be duly adjusted at the time of re-submission of the application for registration of the project.