Proceedings
Sh. Ashish Kush, Planning Executive and Sh. Ashish Dubey, Chartered Accountant briefed about the facts of the case. Sh. Himanshu Juneja, Sh. C Saproo, Sh. Dheeraj Kumar and Ms. Smriti Rani are present on behalf of the promoter. The AR of the promoter states that the project applied herein for registration under section 4 of the Act was not ongoing in the year 2017 as no development of the same was going on and as the project was not launched, neither any monies were received/collected by the promoter, nor there was any occasion to get the project registered under the provisions of RERA Act, read with rules and regulations, hence no deficit/late fee is payable by them for registration of the project. However, without prejudice to its rights, the Promoter herein has deposited the said requisite fee of Rs. 1,51,48,349/- vide DD No. 530455 dated 11.08.2026 including late fees. The AR of the promoter further states that in the year 2010, there was no mandatory requirement of Collaboration Agreements to be registered between the parties for obtaining requisite license to develop the colony. DTCP issued office order dated 03.01.2011 for the first time making the registration of Collaboration Agreements mandatory for obtaining the Licenses. Vide said office order it was also mandated that in cases of earlier Collaboration Agreements, an Affidavit be obtained from landowner as per details mentioned in the office order dated 03.01.2011. Rule 3(1)(f) of the Rules also provides that copy of Registered Collaboration Agreement is to be provided only wherever applicable. In the present case of the company, Licence no. 98 & 99 of 2010 are prior to the said office order and hence there is / was no requirement of Collaboration Agreements to be registered, hence registration of collaboration agreement is not applicable in the present case. The Landowner licensee Company is associate/subsidiary company of the Promoter/Collaborator – Puri Construction Pvt. Ltd. and promoters of both the company are same. Still as an abundant precaution, the promoter has submitted a duly registered Affidavit-cum-Undertaking dated 12.08.2026 executed by landowner company affirming that there is/was no requirement of collaboration agreement to be registered as the license no. 98 & 99 of 2010 are prior to the DTCP office order dated 03.01.2011 and has also affirmed the irrevocable nature of collaboration agreement dated 29.10.2010. The Authorized Representative of the promoter states that presently the approval of Electrification plan is under process and has not yet been obtained as on date. Further, the AR of the promoter undertakes to obtain and submit the Electrification plan within 4 months from the date of grant of registration. The AR of the promoter further requests to revise its completion timeline as mentioned in REP-II from 30.06.2034 to 30.06.2033 and requests for some time to submit the revised documents. Request is allowed. The promoter is directed to submit the revised documents including REP-II within a week. The Authority has considered the request of the promoter regarding no requirement of registration of collaboration agreement in terms of the DTCP order dated 03.01.2011. An affidavit with respect to the above has also been submitted by the landowning company. Further, in the said affidavit-cum-undertaking, it is also affirmed that the landowning company is the subsidiary company of the Collaborator. The Authority observes that the project in question falls within the definition of “ongoing project” as contained in Rule 2(1)(o) of the Haryana Real Estate (Regulation and Development) Rules, 2017. In the present case, the license was issued by the competent authority in the year 2010 i.e., prior to the commencement of the Act and the building plans in respect of the entire licensed colony had originally been approved on 28.02.2014, and the revised building plans were subsequently approved on 16.06.2026. As the building plans for the subject project had already been approved on 28.02.2014, and therefore the promoter had the requisite planning approval to proceed with development of the project. Thus, in cases where the license and the building plans had already stood approved or sanctioned by the competent authority on the date of commencement of the Act and completion certificate has not been obtained, such projects fall within the ambit of the ‘on going projects’ as per section 3 read with rule 2(1)(o) of the Rules, 2017. Hence, the promoter was in a position to commence development of the project as per approved building plans along with subsequent approvals as required under law for the time being in force from the concerned Authority and get the project registered with the Authority. Accordingly, the Authority is of the view that the project in question squarely falls within the ambit of an “ongoing project” under Rule 2(1)(o) of the Haryana Rules, 2017 and was consequently required to be registered in accordance with Section 3 of the Act, 2016. The promoter was, therefore, under a statutory obligation to make an application for registration within the period stipulated under section 3 of the Act. Failure to make such application within the stipulated period attracts the applicable standard fee for delay in making an application for registration, in accordance with the provisions of the Act, the Haryana Rules and the applicable Regulations, as amended from time to time. The liability towards late fee is, accordingly, required to be computed only with respect to the FAR measuring 47,668.858 sq. m. sanctioned in earlier approved building plans dated 28.02.2014. The computation of the applicable late fee is detailed at S. No. 33. Hence, the late fee of Rs. 1,33,47,280/- has been imposed on the promoter in accordance with the provisions of the Act, Rules and regulations, as amended from time to time. The AR of the promoter is further directed to submit the Electrification plan within 4 months from the date of grant of registration Certificate and a condition to the same effect shall be incorporated in the Registration Certificate. Registration of the project is approved as proposed, subject to rectification of the deficiencies mentioned at S. No. 37. The Registration Certificate shall be issued after submission of remaining deficiencies mentioned above at S. No. 37 including correction in form REP-I (Part A-H), submission of revised documents in terms of revised completion timeline as declared in REP-II and Online DPI.
