Marbella Terraces

Sh. Sumeet, Engineering Officer and Ms. Asha, Chartered Accountant briefed about the facts of the case. Sh. Purushottam Grover, Sh. Pankaj, Sh. Anitesh Singh and Sh. Lalit Sahni (AR’s) are present on behalf of the promoter. The Authorized Representative (AR) of the promoter states that the license no. 41 of 2011 has been expired recently only on 02.05.2026 and they have applied for renewal of the same with the DTCP, Haryana. Further, the AR of the promoter states that the area under license no. 41 of 2011 is not the part of Phase 5 area measuring 20.24225 acres applied for registration of project. In this regard, a superimposed demarcation plan of the residential plotted colony highlighting the license numbers over entire colony shall be submitted in the Authority. Further, regarding the part area of Phase 5 being already registered vide RC no. 08 of 2021, the promoter states that at the time of earlier registration promoter wanted to registered only 12.609 acres (planned for launch and develop) but based on authority’s direction promoter applied for registration of additional 53.45 acres (unplanned for immediate launch & no sale till date). The single registration was granted with different completion dates i.e., 31.12.2023 & 31.12.2027. Later on, Phasing Policy was introduced on 24.04.2023 and promoter obtained phasing & revised phasing plan approval on which 12.609 acres has been identified as Phase-2 & 53.45 acres are divided into 6 phases (Phase3,4,5,6,8,9) and promoter wants to develop & register the project in phases. The AR of the promoter states that phasing & revised phasing plan along with revised layout plan dated 18.03.2026 & 23.04.2026 respectively have been approved by DTCP Haryana and in view of the same, the promoter applied for registration of Phase 5 dated 24.04.2026 wherein no third-party rights have been created till date. In this regard, an affidavit of CEO of the promoter company shall be submitted regarding no sale, marketing of project area under Phase 5. The overall licensed area is being developed in ten phases. Phase 1&2 are completed and only UD area therein has been planned in revised layout plan. 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. Further, Phase 3 to Phase 10 are unlaunched/new licenses wherein no third-party rights have been created till date. 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 5, hence requirement of consents is not applicable for revision of layout plan of Phase 5. 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-5 area, keeping in view the clause 4.1.1 of the Phasing Policy dated 24.04.2023, as reproduced above, and also considering the submission of the promoter that no third-party rights have been created in the area falling under Phase-5 applied for registration of the project. Moreover, the public notice with regard to the registration application of the promoter was published in three newspapers i.e., Hindustan Times, The Tribune and Dainik Bhaskar dated 03.05.2026, against which no objections have been received in the Authority. The absence of any objection pursuant to the said public notice further lends credence to the submissions made by the promoter that there is no requirement of the consent of two-third of the allottees regarding revision of layout plan and, therefore, the Authority does not find any impediment in proceeding further in the matter. Further, in order to safeguard the interest of prospective allottees and to ensure complete transparency, the promoter is directed to submit an affidavit from the CEO of the promoter company affirming that no advertisement, marketing, booking, sale or offer for sale of plots in the area falling under Phase-5 has been undertaken till date. In addition thereto, a ten days’ public notice inviting objections, if any, from the general public with regard to the aforesaid submission of the promoter concerning no advertisement, marketing, booking, sale or offer for sale of plots in the project area falling under Phase-5 shall also be published in three leading newspapers (two English and one Hindi). Meanwhile, the promoter is further directed to submit the deficit documents along with above mentioned. The matter to come up on 08.06.2026.

The matter is adjourned to 09.06.2026.

Sh. Sumeet, Engineering Officer and Ms. Asha, Chartered 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. The Authorized Representative (AR) of the promoter states that a reply dated 08.06.2026 has been submitted in the Authority wherein all the pending documents have been submitted. The AR of the promoter further states that license no. 41 of 2011 is not part of area falling under phase 5 applied herein for registration and a copy of superimposed plan in this regard has already been submitted in the Authority. Further, the promoter states that the part area of Phase 5 is already registered with the Authority vide registration certificate no. 08 of 2021 dated 01.03.2021 and undertakes to obtain the amendment in registration certificate no. 08 of 2021 dated 01.03.2021 as per recent approved phasing plan of the project. The office is directed to examine the reply dated 08.06.2026. The AR of the promoter further states that, a letter regarding change of name of project from “Marbella Phase 5” to “Marbella Terraces” has been submitted and requests the Authority to consider the same. The Authorized Representative of the promoter further submits that presently Environmental Clearance, revised service plans and estimates approval, Renewal of license no. 41 of 2011 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.         Renewal of license no. 41 of 2011 within 4 months from the date of grant of registration; and                 iv.         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 renewal of license no. 41 of 2011 within 4 months from the date of grant of registration and Tree cutting permission prior to cutting of any tree. A condition to this effect shall also be incorporated in the Registration Certificate. In view of the above submission of the promoter, the request of the promoter to update the project name as “Marbella Terraces” is hereby allowed subject to publication of one-week public notice in this regard in three leading newspapers (two English and one Hindi) and submission of revised documents with the updated project name. Further, the promoter shall apply for amendment in registration certificate no. 08 of 2021 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 and publication of public notice with regard to update in project name.