Oyster Arcade

During physical hearing, Mr. Praveen Kumar Shukla (Senior Manager) appeared on behalf of the promoter and requested for next date. Deficiencies were already conveyed to the promoter vide letter no. HARERA/GGM/RPIN/301 dated 01.03.2021 with directions to remove the deficiencies latest by 11.03.2021. In reference to the notice dated 01.03.2021, the promoter has not submitted the reply of deficiencies and requested for extension of time to submit the reply.  Hence, the authority has decided to issue a show cause notice as to why their application for registration of real estate project “Oyster Arcade” should not be rejected on the ground for non-removal of deficiencies in spite of providing opportunity of hearing as per the provisions under section 5 of the Real Estate (Regulation and Development) Act, 2016 and Rule-5 of Haryana Real Estate (Regulation and Development) Rules,2017. If the promoter has anything to say in this regard, then a final opportunity of hearing will be given on 19.04.2021 at 3.00 p.m. In case the promoter fail to remove the deficiencies and appear before the Authority for hearing on the above given date and time, it will be presumed that the promoter have nothing to say in this matter and their application will be rejected as per provisions of the Act and rules.

Due to COVID-19 Pandemic, the matter is Adjourned for 23-04-2021

Proceedings Dated: 23.04.2021Ms. Jyoti Yadav, Coordinator Planning Branch briefed about the project.No one is present on behalf of the promoter.   A show cause notice was issued under section 5 read with rule 5 as why application for grant of registration shall not be rejected. Due to various deficiencies in the application and inspite of notice in this regard deficiencies have not been removed. Reply to the show cause notice was received  on 07.04.2021. Reply was scrutinized and the deficiencies still remain to be attended were conveyed on 20.04.2021. No response has been received so far. The promoter is given one more opportunity to remove the deficiencies. The matter to come up on  17.05.2021.Dr. K.K.Khandelwal (Chairman)Samir Kumar (Member)Vijay Kumar Goyal (Member)                                   

Proceedings dated: 15.07.2021 Ms. Jyoti Yadav, Coordinator Planning Branch briefed the facts about the project. Sh. Deepak Sharma (AGM), Sh. Manoj Kumar (HOD), Sh. Pratik Gautam (AM) and Sh. Saurabh Mishra are present on behalf of the promoter. An application regarding registration of commercial plotted colony project namely “Oyster Arcade” situated at sector 102, Gurugram being developed by M/s Adani M2K Projects LLP was submitted on 24.02.2021 under section 4 of Real Estate (regulation and Development), Act 2016. After The scrutiny of the application was done by the authority and deficiencies were noticed, which were conveyed to the promoter vide letter no. HARERA/GGM/RPIN/301 dated 01.03.2021 with directions to remove the deficiencies latest by 11.03.2021 failing which their application may be rejected following the due procedure as provided under section-5 of the Real Estate Regulation and development) Act 20l6 and Rule-5 of the Haryana Real Estate (Regulation and Development) Rules, 20l7. Also, an opportunity of online hearing was offered on 15.03,2021 at 03:00 pm in the office of HARERA, Gurugram. In reference to the notice dated 01.03.2021, the promoter had not submitted the reply of deficiencies and requested for extension of time to submit the reply. Therefore, the authority has sent a show cause notice dated 15.03.2021 to the promoter under section 5 of the Real Estate (Regulation and Development) Act, 2016 and Rule-5 of Haryana Real Estate (Regulation and Development) Rules, 2017. Also, an opportunity of hearing given on 19.04.2021. In reference to show cause notice dated 15.03.2021, the promoter has submitted the reply on 07.04.2021 which was scrutinized and found that the major deficiencies were still not fulfilled by the promoter. The deficiencies remain to be attended by the promoter was conveyed on 20.04.2021. Subsequently on 19.04.2021, due to COVID-19 Pandemic, the matter was adjourned for 23-04-2021. On 23.04.2021, Mr. Manoj Kumar and Mr. Deepak Sharma appeared on behalf of the promoter. Due to various deficiencies in the application and inspite of notice in this regard, deficiencies have not been removed by the promoter. The promoter was given one more opportunity to remove the deficiencies. The matter was fixed for 17.05.2021. Due to Covid-19 pandemic, authority meeting could not be held and authority decided to fix the matter on 22.06.2021. The promoter again submitted the reply on 19.05.2021 and 11.06.2021 which was scrutinized and found that the same deficiencies still exist. The major deficiencies are approved zoning plan, approved service estimates and plans (Applied on 22.03.2021 and approved by Chief Engineer-I, Panchkula on 30.03.2021 and one copy sent to Additional Chief Engineer, HSVP, Gurugram on 22.03.2021 for reference. Final approval still awaited), HUDA construction water NOC, approvals for sewage disposal, storm water drainage, water supply from competent authority, electrical load availability NOC, deficit fee of Rs. 3,03,477/- not paid. These major deficiencies were conveyed to the promoter vide email dated 24.05.2021 and 18.06.2021. On 22.06.2021, AR made a submission that necessary deficiencies will be attended within 15 days. Deficit fee has already been paid. Matter decided to come up on 13.07.2021. On 13.07.2021, the promoter was asked to supply copy of the advertisement, brochure, hoardings etc. details. As and when advertisement is to be issued copy invariably be supplied/submitted in the office of HARERA duly acknowledged. The matter to come up on 15.07.2021. As per reply dated 12.07.2021, the documents which are submitted are as follows: 1.      Copy of HUDA construction water NOC not submitted. Status: submitted. Approved on 02.07.2021. 2.      Approvals for sewage disposal, storm water drainage, water supply from competent authority needs to be submitted. Status: submitted. The following documents which are still pending are: Online corrections in REP-I (Part A-H) needs to be done. Status: not done. Corrections in detailed project information needs to be done. Status: Checked and corrections found in the DPI which needs to be done. Part-A-Statutory Approvals and land/license related documents 3.      Copy of approved zoning plan not submitted. Status: as per the promoter’s reply dated 12.07.2021, architectural control sheet is under progress. 4.      Copy of approved service estimates and plans not submitted. Status: Applied on 22.03.2021 and approved by Chief Engineer-I, Panchkula on 30.03.2021 and one copy sent to Additional Chief Engineer, HSVP, Gurugram on 22.03.2021 for reference. Final approval still awaited. 5.      Copy of electrical load availability NOC not submitted. Status: application applied on 18.02.2021 to the superintending engineer, HVPN Ltd, Gurugram but approval still awaited. 6.      CA certificate for equity not submitted. Status: As per CA certificate for equity, it is not clear that this equity will be invested for the project applied for registration and this contribution has already made by the designated partner which needs to be clarified by the promoter. Allottee related draft documents 7.      Revised Allotment letter, BBA, payment plan needs to be submitted. Status: Date of possession not mentioned. Payment plan not as per the prescribed format. BBA not as per prescribed format. 8.      Application form needs to be revised. Status: Needs to be revised. The promoter is directed to remove the deficiencies and submit the reply before next date of hearing. Necessary online information be submitted at https://hrera.in/app1/signup. Matter to come up on 27.07.2021.Dr. K.K. Khandelwal (Chairman) Samir Kumar (Member) Vijay Kumar Goyal (Member)

Proceedings dated: 27.07.2021 Ms.  Jyoti Yadav, Coordinator, Planning Branch briefed the facts about the project. Sh. Deepak Sharma (HOD), Sh. Pratik Gautam (AM), Sh. Saurabh Mishra (AM) are present on behalf of the promoter. An application regarding registration of commercial plotted colony project namely “Oyster Arcade” situated at sector 102, Gurugram being developed by M/s Adani M2K Projects LLP was submitted on 24.02.2021 under section 4 of Real Estate (regulation and Development), Act 2016. The following documents which are still pending are: Online corrections in REP-I (Part A-H) needs to be done. Status: not done. Corrections in detailed project information needs to be done. Status: Checked and corrections found in the DPI which needs to be done. Part-A-Statutory Approvals and land/license related documents 1.      Copy of approved zoning plan not submitted. Status: as per the promoter’s reply dated 12.07.2021, architectural control sheet is under progress. 2.      Copy of approved service estimates and plans not submitted. Status: Applied on 22.03.2021 and approved by Chief Engineer-I, Panchkula on 30.03.2021 and one copy sent to Additional Chief Engineer, HSVP, Gurugram on 22.03.2021 for reference. Final approval still awaited. 3.      Copy of electrical load availability NOC not submitted. Status: application applied on 18.02.2021 to the superintending engineer, HVPN Ltd, Gurugram but approval still awaited. 4.      CA certificate for equity not submitted. Status: As per CA certificate for equity, it is not clear that this equity will be invested for the project applied for registration and this contribution has already made by the designated partner which needs to be clarified by the promoter. Allottee related draft documents 5.      Revised Allotment letter, BBA, payment plan needs to be submitted. Status: date of possession not mentioned. Payment plan not as per the prescribed format. BBA not as per prescribed format. 6.      Application form needs to be revised. Status: needs to be revised. The status of compliance of above deficiencies was perused and it was informed by AR that the architectural control sheets stands submitted to the department for approval, but the final approval is still awaited and that they have submitted, which is of prime and basic significance/requirement for any allottee to buy a unit.  Regarding approval of service plan and estimates, the requisite bank guarantee as demanded by DTCP has also been submitted and final approval/release of service plans and estimates shall be obtained within one month. Similarly, the requisite reply and undertaking for sanctioned of electric load has also been submitted to SE, RAPDRP, DHBVN, Hisar and final clearance is expected shortly. The clarification regarding CA Certificate equity will be submitted within 2 days. Further the deficiencies regarding draft allotment letter, BBA, payment plan and application form etc. has been removed and amended/corrected documents submitted today in the registry. Therefore, on the request of AR, adjourned to 10.08.2021 for submission of above deficit documents and approval of competent authority which are sine-qua-none. The matter to come up on 10.08.2021.

Proceedings dated: 10.08.2021 Ms.  Jyoti Yadav, Coordinator, Planning Branch briefed the facts about the project. Sh. Deepak Sharma (HOD), Sh. Manoj Kumar (Liaison Manager) and Sh. Vikas Aggarwal (Liaison Manager) are present on behalf of the promoter. An application regarding registration of commercial plotted colony project namely “Oyster Arcade” situated at sector 102, Gurugram being developed by M/s Adani M2K Projects LLP was submitted on 24.02.2021 under section 4 of Real Estate (Regulation and Development), Act 2016. On 10.08.2021, the promoter has submitted the approved copy of sanction letter of service estimates and plans. The documents which are pending are mentioned below. 1. Online corrections in REP-I (Part A-H) needs to be done. Status: Not done. 2. Corrections in detailed project information needs to be done. Status: Checked and corrections found in the DPI which needs to be done. 3. Copy of approved architectural control sheet not submitted. Status: As per the promoter’s reply dated 10.08.2021, architectural control sheet is under progress. 4. Copy of electrical load availability NOC not submitted. Status: Application applied on 18.02.2021 to the Superintending Engineer, HVPN Ltd, Gurugram but approval still awaited. Therefore, on the request of AR, the matter is adjourned to 24.08.2021 for submission of deficit documents.Dr. K.K. Khandelwal (Chairman)Samir Kumar (Member)Vijay Kumar Goyal (Member)