Samsara Abspl (Plots)

Matter will be heard on 26.04.2021

Due to Covid-19 pandemic, authority meeting could not be held. Now, the authority has decided to fix the matter on 23.06.2021.

Proceedings dated: 23.06.2021. Ms. Jyoti Yadav Coordinator Planning Branch briefed the facts of the case. Sh. Praveen Shukla (Senior Manager), Sh. Deepak Sharma (HOD) and Sh. Prateek (Manager) are present on behalf of the promoter. License no. 64 of 2010 dated 21.08.2010 on an area measuring 141.67 acres was issued in favor of Tejpal, Dal Chand, Chiman Lal, Hari Ram and others in collaboration with M/s Brahma City Pvt Ltd (earlier known as Krishh Buildtech Pvt Ltd) by DTCP, Haryana. There is total 13 blocks in the project (Block A to M) out of which eleven blocks are registered in the authority which are as follows: 1.      Brahma City K- Block vide RC No. 268 of 2017 dated 09.10.2017 valid upto 30.06.2019 (area admeasuring 8.57 acres) 2.      Brahma City M- Block vid e RC No. 274 of 2017 dated 09.10.2017 valid upto 30.06.2019 (area admeasuring 8.57 acres) 3.      Brahma City J- Block vide RC No. 277 of 2017 dated 09.10.2017 valid upto 31.03.2022 (area admeasuring 6.96 acres) 4.      Inspire vide RC No. 327 of 2017 dated 23.10.2017 valid upto 31.03.2022 (area admeasuring 2.00 acres) 5.  Krrish World by Krrish Realtech Pvt Ltd vide RC No. 65 of 2019 dated 22.10.2019 valid upto 24.12.2022 (area admeasuring 59.63 acres) (Block A to H) Now, application is applied for registration of project namely “Samsara ABSPL Plots” area admeasuring 2.756 acres consisting of 35 plots out of total 87 plots (J56-J74, J76-J112, J116-J139, J141-J146, J149-J150). These 87 plots have been sold to M/s Adani Brahma Synergy Pvt Ltd through conveyance deed dated 08.10.2018.   After the scrutiny of the application, deficiencies were noticed, which were conveyed to the promoter vide notice no. HARERA/GGM/RPIN/283 dated 22.12.2020 with directions to remove the deficiencies latest by 01.01.2021 failing which their application may be rejected following the due procedure as provided under section-5 of the Real Estate Regulation and development) Act 2016 and Rule-5 of the Haryana Real Estate (Regulation and Development) Rules, 2017. Also, an opportunity of hearing was given on 04.01.2021. In reference to the notice dated 22.12.2020, the promoter has submitted the reply of on 05.01.2021 which was scrutinized by the authority and found that still major deficiencies are not fulfilled by the promoter. Next date of hearing was fixed for 10.03.2021. The promoter again submitted the reply on 09.02.2021, 03.03.2021, 16.04.2021 and 11.06.2021 which was scrutinized and found that the major deficiencies were still not fulfilled by the promoter. Matter was fixed for hearing on 26.04.2021 but due to Covid-19 pandemic, authority meeting could not be held, and matter was adjourned for 23.06.2021. The deficiencies which are not fulfilled are conveyed to the promoter vide email dated 25.05.2021 and 19.06.2021. 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. The matter to come up on 06.07.2021.

Proceedings dated: 10.08.2021Ms. Jyoti Yadav, Coordinator Planning Branch briefed the facts about the project. Sh. Deepak Sharma (HOD Govt. Affairs) is present on behalf of the promoter. The matter was discussed in detailed. It has come to the notice of the authority that the basic premises to register is validity of the license. As informed by the promoter, M/s Brahma City Pvt Ltd has applied for the renewal and is pending with the DTCP. The promoter has applied for registration of 34 plots in the legal capacity of third-party right holder. M/s Brahma City Pvt Ltd has sold plots to M/s Adani Brahma Synergy Pvt Ltd vide conveyance deed without getting them registered in the authority. Therefore, a show cause notice dated 21.05.2021 was sent to M/s Brahma City Pvt Ltd for violation of provisions of section 3 of the Real Estate (Regulation and Development) Act, 2016. Accordingly, M/s Brahma City Pvt Ltd has applied for registration in the authority, which was scrutinized, and deficiencies conveyed to the promoter. Therefore, this matter will be taken up along with the project applied by M/s Brahma City Pvt Ltd. Matter to come up on 24.08.2021.

Proceedings dated: 24.08.2021 Ms. Jyoti Yadav, Coordinator Planning Branch briefed the facts about the project. Sh. Deepak Sharma (HOD Govt. Affairs) and Sh. Samarth Mishra are present on behalf of the promoter. The promoter was asked to submit details of the bank account where the money for purchase of plots has been paid to M/s Brahma City Pvt. Ltd. Deficiencies be completed. Matter to come up on 13.09.2021. Dr. K.K. Khandelwal (Chairman)Samir Kumar (Member)Vijay Kumar Goyal (Member)

Proceedings dated: 13.09.2021 Ms. Jyoti Yadav, Coordinator Planning Branch briefed the facts about the project. Sh. Deepak Sharma (HOD Govt. Affairs) is present on behalf of the promoter. On the request of the AR of the promoter, 15 days’ time is granted. Matter to come up on 11.10.2021.

Sh. Gulshan Kumar (Sr. Officer Liaison) is present on behalf of the promoter. In the last hearing, the promoter was directed to submit the online detail project information along with other deficit documents which were conveyed to the promoter. As on today, the promoter has neither submitted the online DPI nor the deficit documents which are mentioned in the agenda note. It was submitted by the AR that the hard copy of DPI and corrections in the online DPI shall be done within 3 days. Details of the bank account of Brahma City Pvt. Ltd. where the amount of consideration was transferred by ABSPL. The list of bank account of M/s ABSPL shall also be submitted on the next date of hearing. Details of plots overall purchased from M/s Brahma City Pvt. Ltd. and details of the plots sold out of these plots shall also be submitted giving details of registration of the project where the plot is located.  Accordingly, the matter to come up on 24.12.2021.

Ms. Jyoti Yadav, Coordinator Planning Branch briefed the facts about the project. Sh. Gulshan Kumar (Sr. Officer Liaison) is present on behalf of the promoter. The promoter has not submitted the online DPI till date neither submitted any documents as per the directions given by the authority in the last hearing. The promoter is directed to submit the online DPI along with other deficit documents before next date of hearing. Matter to come up on 17.01.2022.

Matter adjourned for 31.01.2022. 

The matter is adjourned to 02.04.2022

Ms. Neeraj Gautam, Architectural Executive briefed about the facts of the project. None is present on behalf of the promoter. The promoter is directed to attend the deficiencies before the next date of hearing. The matter is adjourned to 18.04.2022.

Proceedings dated: 18.04.2022 Sh. Gulshan Kumar (Sr. Officer Liaison), Sh. Rajesh Jain and Sh. Atul Jain are present on behalf of the promoter. On the request of the promoter 2 weeks’ time is granted for rectification of the deficit documents and confirmation of area allocation between M/s Krrish Realtech Pvt. Ltd. and M/s Brahma City Pvt Ltd from DTCP to whom an application dated 07.04.2022 has already been made and is under consideration of DTCP. The matter to come up on 02.05.2022..

Ms. Geeta Rathee Singh, Sr. Legal Officer and Sh. J.S Sindhu, Executive Engineer (Monitoring) briefed about the facts of the project. Sh. Praveen Kumar (AR) and Sh. Venket Rao (Advocate) are present on behalf of the promoter. The counsel for the applicant promoter states that the license of the above colony has been renewed by DTCP and a copy shall be supplied after obtaining the same from the license holder as the applicant is only 3rd party rights holder as individual plots have been purchased through conveyance deed. On the request of the counsel for the promoter a week adjournment is granted for filing detailed submissions and also for rectifying deficiencies. The matter to come up on 08.08.2022.Member (Vijay Kumar Goyal)Chairman (Dr. K.K. Khandelwal)

Sh. J.S Sindhu, Executive Engineer (Monitoring) briefed about the facts of the project. Sh. Venket Rao (Advocate) and Sh. Praveen Kumar (AR) are present on behalf of the promoter. The Ld. Counsel along with AR   of the promoter has submitted a representation today in the registry of the Authority which be examined by the office. Further Ld. Counsel is also advised to clarify the applicability of the orders of Hon’ble Supreme Court of India in SLP No. 6013 of 2022 wherein it has been directed to maintain the status quo and the details of allotted plots have been sought from the license holder as well as M/s Krrish Realtech Pvt. Ltd. – the petitioner therein. The matter to come up on 22.08.2022.Member (Vijay Kumar Goyal)Chairman (Dr. K.K. Khandelwal)

Proceedings dated 22.08.2022 Ms. Geeta Rathee Singh, Sr. L.O. briefed about the facts of the case. Sh. Praveen Kumar, General Manager Legal (AR) and Sh. Pankaj Chandola, Proxy Counsel for Sh. Venket Rao (Advocate) are  present on behalf of the promoter. The AR submits that a detailed representation in reference to status quo order of Hon’ble Apex Court in SLP No. 6013 of 2022 has been submitted on 17.08.2022 and needs to be examined by Sr. L.O. regarding applicability of said orders passed by Hon’ble Apex Court in SLP before the matter is further proceeded with. The matter to come up on 12.09.2022. Member(Vijay Kumar Goyal)Chairman (Dr. K.K. Khandelwal)

The matter was considered and it was decided to adjourned the same for 14.11.2022. Matter to come up on 14.11.2022.

The matter is adjourned for 15.11.2022. 

Proceedings dated: 15.11.2022 Ms. Deepika, Planning Executive briefed about the facts of the project. None is present on behalf of the promoter. The matter to come up on 21.11.2022.     (Sanjeev Kumar Arora) Member, HARERA, Gurugram (Ashok Sangwan) Member, HARERA, Gurugram (Vijay Kumar Goyal) Member, HARERA, Gurugram

The matter is adjourned to 30.01.2023.

The matter is adjourned to 13.02.2023.

Ms. Deepika, Planning Executive and Ms. Asha, Chartered Accountant briefed about the facts of the project. Sh. Praveen Kumar (AR) and Sh. Vijay Singh (AR) are present on behalf of the promoter. On the last date of hearing, the promoter was asked to clarify the liabilities/responsibilities towards the already allotted 34 plots which are already part of the Brahma City – 53.5840 acres registered project vide RC No. RC/REP/HARERA/GGM/640/372/2022/115, dated 05.12.2022. The AR of the promoter states that out of 34 plots, 28 plots are sold out to individual allottees  and 6 plots are still with the promoter status of which is yet to be made clear. Further, detailed arrangements qua these 34 plots shall be intimated on the next date of hearing.    The matter to come up on 27.02.2023.