Proceedings
Ms. Asha, Charted Accountant briefed about the facts of the case. Sh. Purushottam Grover, Sh. Venkat Rao, Ms. Priyanka Miglani and Sh. Anitesh Singh (AR’s) are present on behalf of the promoter. Sh. Pankaj Billa complainant along with other allottees & their advocates are present and states that they are the allottees of Phase 1 of the project. The complainant further states that there are arbitrary and illegal layout revisions, densification, introduction of S+4 builder floor constructions, alteration of the originally sanctioned planning framework and the consequent severe impact on the existing infrastructure and residential character of the Project. The residents have invested their hard-earned monies in the Marbella Project on the basis of the originally sanctioned low-density villa-only development and are now being severely affected by unilateral and arbitrary actions undertaken without transparency and without consent of the affected allottees. The same complaint has been filed with DTCP, Haryana as well and a CWP no. 12724 of 2026 with the Hon’ble High Court Haryana, Chandigarh has also been filed. The Authorized Representative (AR) of the promoter states that the layout plan of the colony was revised following the due process of public notices and individual notices to allottees. Further, there is no change in area of phase 1 except planning of area which was kept for undermined use earlier in initial layout plan. So, there was no requirement of 2/3rd consent of allottees in accordance with clause 3.1.2(iii) of policy dated 24.04.2023 for phasing and seeking 2/3rd consents. Further promoter obtained phasing plan approval from competent authority after policy dated 24.04.2023 and the project is being developed in phase manner. As per clause 4.1.1 of said policy, obtaining of 2/3rd consent of allottees for revision of layout plan shall be limited to phase in which revision is proposed and there are no allottees in the applied phase. The limited revisions in layout in 2023 & 2025 were due to grant of additional licenses which is allowed as per policy dated 24.04.2023. The changes are proposed in phases where no third-party rights have been created. There is no increase in plots and density of phase 1 (zone 1 & 6) and additional plots are proposed on additional licensed land. The overall density is within permissible limit as per norms. There is no reduction in green area and the promoter has not constructed any S+4 builder floor in the colony. Some plot owners have constructed S+4 floors after approval of competent authority. The promoter has constructed and given possession of villas only along with facilities as per BBA. The Authorized Representative (AR) of the promoter further states that the part area i.e., 0.647 acres of Phase 7 is already registered with the Authority vide registration certificate no. 307 of 2017 dated 17.10.2017 which was kept as UD area and now in the revised layout plan & phasing plan, the same has been planned and forms part of Phase 7 and undertakes to obtain the amendment in registration certificate no. 307 of 2017 dated 17.10.2017 as per recent approved phasing plan of the project. The AR of the promoter states that phasing & revised phasing plan along with revised layout plan dated 18.03.2026, 23.04.2026 & 26.05.2026 respectively have been approved by DTCP Haryana and in view of the same, the promoter applied for registration of Phase 7 dated 30.04.2026 wherein no third-party rights have been created till date. In this regard, an affidavit of CEO of the promoter company has been submitted regarding no sale, marketing of project area under Phase 7. The overall licensed area is being developed in eleven phases. Phase 1 & 2 are completed and only UD area therein has been planned in revised layout plan. Further, Phase 3 to Phase 11 are unlaunched/new licenses wherein no third-party rights have been created till date. The revision from the earlier approved Layout Plan is only in the U.D. Area measuring 0.647 Acres falling in Phase 7 applied for registration and as per clause 3.1.2(iii) of phasing policy dated 24.04.2023, planning of UD area is not considered as revised layout plan & consents are not required. Clause 3.1.2(iii) of phasing policy dated 24.04.2023 is reproduced as under: The area reserved for future expansion or un-determined use is only being planned or being assigned an use without any changes in the remaining layout/building plan. Further, as per clause 4.1.1 of phasing policy dated 24.04.2023, obtaining of consents shall be limited to the phase in which revision proposed. Since no third-party rights created in land area under Phase 7, hence requirement of consents is not applicable for revision of layout plan of Phase 7. Clause 4.1.1 of phasing policy dated 24.04.2023 is reproduced as under: In cases where colony is proposed to be developed in phases, obtaining two third consents, for revision of layout/ building plan shall be limited to the phase in which such revision is proposed. In view of the above submissions made by the promoter, the Authority is of the view that the requirement of obtaining consent of two-third allottees does not arise in the present application for registration of Phase-7 area, keeping in view the clause 3.1.2(iii) & 4.1.1 of the Phasing Policy dated 24.04.2023, as reproduced above, and also considering the submission of the promoter that only UD area has been planned and no third-party rights have been created in the area falling under Phase-7 applied for registration of the project. In view of the submissions made by the parties and the material available on record, the Authority observes that the revision of the layout plan and approval of the phasing plan of the project, densification, S+4 builder floor constructions etc. have been granted by the competent authority, i.e., the Director, Town and Country Planning, Haryana (DTCP), in exercise of its statutory powers. The legality, validity or propriety of such approvals falls within the domain of that department and any challenge thereto may be pursued before the appropriate forum in accordance with law. However, it is clarified that if the complainants are of the view that any revision in the layout plan or phasing of the project has adversely affected their rights or has caused them any loss or prejudice, they shall be at liberty to seek appropriate compensation before the Adjudicating Officer under Section 71 of the Real Estate (Regulation and Development) Act, 2016, in accordance with law. Needless to add, this order shall not preclude the complainants from availing any other remedy available to them under law before the competent court or forum. Accordingly, the present complaint stands disposed of. The Authorized Representative of the promoter further submits that presently Environmental Clearance, revised service plans and estimates approval and Tree Cutting permission are yet to be obtained as on date. Further, the AR of the promoter undertakes to obtain and submit: i. Environmental Clearance within 6 months from the date of grant of registration; ii. Revised Service Plans and Estimates approval within 6 months from the date of grant of registration; iii. Tree cutting permission prior to cutting of any tree. Further, he undertakes to submit two Demand Drafts / Bank Guarantees amounting to Rs. 25 lakhs each, as a security deposit for timely compliance with the above requirements at point (i) & (ii). 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. In view of the above, and in the interest of regulatory compliance, 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 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. Further, the promoter shall submit the Tree cutting permission prior to cutting of any tree. A condition to this effect shall also be incorporated in the Registration Certificate. The promoter shall apply for amendment in registration certificate no. 307 of 2017 as per recent phasing plan approval within the period of 1 month. Approved as proposed subject to rectification of deficiencies mentioned above at S. No. 35. The Registration Certificate shall be issued after submission of corrections in A-H form, Online DPI, along with the other remaining deficiencies mentioned at S. No. 35 and submission of two DD’s/BG’s of Rs. 25 lakhs each for submission of Approved Environmental Clearance and Approved Revised Service Plans & Estimates within the timeframe mentioned above
