Marbella Phase 2

NEXT HEARING DATE 07.09.2026

Ms. Nikita Mittal, Planning Executive and Sh. Ashish Dubey, Chartered Accountant briefed about the facts of the project. Sh. Venkat Rao (Adv), Sh. Purushottam Grover (AR), Ms. Priyanka Miglani (AR) and Sh. Anitesh Singh Chauhan (AR) are present on behalf of the promoter. The Authorized Representative (AR) of the promoter submits that an application for amendment of Registration Certificate No. 08 of 2021 dated 01.03.2021 has been filed in accordance with the revised phasing plan approved by the competent authority and pursuant to the directions of the Authority vide proceedings dated 09.06.2026, whereby registration of Phase 5 of the project, namely “Marbella Terraces”, was granted under Section 4 of the Real Estate (Regulation and Development) Act, 2016. The AR of the promoter further states that the project, namely “Marbella Phase 2”, was originally registered with the Authority for an area measuring 66.059 acres wherein a single Registration Certificate has been granted and the Authority had distinctly recognized two parts of the project by prescribing separate completion timelines, i.e. 31.12.2023 for Part-1 admeasuring 12.609 acres, comprising 136 plots (including 67 EWS and 34 NPNL plots), and 31.12.2027 for Part-2 admeasuring 53.45 acres, comprising 365 plots (including 103 EWS and 76 NPNL plots). The AR further submits that the promoter had originally obtained Registration Certificate No. 08 of 2021 dated 01.03.2021 and has now applied for amendment of the registration under Section 4 of the Act, 2016 after obtaining approval of the revised phasing plan from the competent authority. As per the proposed revised layout plan and revised phasing plan, Phase-2 now measures an area of 12.990 acres comprises 151 plots, including 67 EWS and 44 NPNL plots, while the remaining area measuring 53.069 acres has been divided into Phases 3, 4, 5, 6, 8 and 9. The AR further submits that the un-determined (UD) area falling within Phase-2 has now been planned in the revised layout plan and an additional license for an area measuring 0.125 acres, being part of License No. 101 of 2023, has been granted, along with replanning consequent upon inclusion of an additional licensed area measuring 0.256 acres in the present phase, aggregating to 0.381 acres. It is submitted that the planning of the UD area does not amount to revision of the layout plan in terms of Clause 3.1.2(iii) of the Phasing Policy dated 24.04.2023 issued by the Government of Haryana, and that the amendment/replanning arising on account of the aforesaid additional licensed areas also does not constitute revision of the layout plan in terms of Clause 3.1.2(ii) of the said Policy, as the total area involved is less than one acre and the green area remains undisturbed. The AR further submits that, in view of the aforesaid provisions of the Phasing Policy dated 24.04.2023, consent of two-thirds of the allottees is not required in the present case. Reliance has been placed upon Clauses 3.1.2(ii) and 3.1.2(iii) of the said Policy, which provide as under: Clause 3.1.2 (ii) of Phasing Policy of DTCP dated 24.04.2023, which states: “3.1.2(ii) The existing layout/building plan of the colony is getting amended on account of grant of license for additional area with changes limited to an area not exceeding five percent but not exceeding 1 acre, without disturbing the green areas, of the amended combined layout plan to enable proper connectivity and proper planning.” Clause 3.1.2 (iii) of Phasing Policy of DTCP dated 24.04.2023, which states: “3.1.2(iii) The area reserved for future expansion or undetermined use is only being planned or being assigned a use without any changes in the remaining layout/building plan.” The AR further submits that the revised Environmental Clearance (EC) and revised approved Service Plans and Estimates in respect of the applied phase are presently under process before the competent authorities and have not been obtained as on date. The Authorized Representative of the promoter further submits that presently Environmental Clearance, revised service plans and estimates approval are yet to be obtained as on date. Further, the AR of the promoter undertakes to obtain and submit both, Environmental Clearance as well as Revised Service Plans and Estimates approval within 6 months from the date of grant of registration. Further, he undertakes to submit two Demand Drafts / Bank Guarantees amounting to Rs. 25 lakhs each, as a security deposit for timely compliance and submission of the aforesaid approvals with the stipulated timeline. It is also expressly undertaken that in the event of failure to obtain and submit the aforesaid approvals within the stipulated time frame, the said security amount(s) shall be liable to be forfeited by the Authority. The Authority has taken note of the submissions made by the Authorized Representative of the promoter regarding the non-availability of the aforesaid statutory approvals as on date. Therefore, in the interest of ensuring regulatory compliance and timely submission of the requisite approvals, the Authority hereby directs that the promoter shall submit two separate Demand Drafts / Bank Guarantees, each amounting to Rs. 25,00,000/- (Rupees Twenty-Five Lakhs only), in favour of the Authority, as security amounts for timely submission of the revised Environmental Clearance as well as Revised Service Plans and Estimates approval within 6 months from the date of grant of registration. In the event of non-submission of any of the above approvals within the prescribed time frames, the corresponding security amount shall stand forfeited by the Authority, and such failure may also attract additional regulatory action as permissible under the Act of 2016, rules and regulations made thereunder. The Authority has considered the submissions made by the AR of the promoter company and observes that the changes proposed in the revised layout plan are primarily on account of the grant of additional license for an area measuring 0.125 acres, being part of License No. 101 of 2023, and replanning consequent upon inclusion of an additional licensed area measuring 0.256 acres, aggregating to 0.381 acres. The said area is less than one acre and the green area remains undisturbed. Further, the remaining area measuring 53.069 acres has been divided into separate phases in accordance with the approved phasing plan and no third-party rights have been created therein. In view of the above facts and circumstances, the Authority observes that the changes in the existing layout plan fall within the scope of Clauses 3.1.2(ii) and 3.1.2(iii) of the Phasing Policy dated 24.04.2023. Accordingly, the requirement of obtaining consent of two-thirds of the allottees is not applicable in the present case. Accordingly, the amendment in the Registration Certificate is approved, subject to rectification/compliance of the deficiencies mentioned at Sr. No. 39. The Addendum Certificate shall be issued after submission of corrections in A-H form, Online DPI, along with the other remaining deficiencies mentioned at S. No. 39 and submission of two separate DD’s/BG’s of Rs. 25 lakhs each for submission of revised Environmental Clearance approval and Approved Revised Service Plans & Estimates within the timeframe mentioned above.