SS Cendana And SS Kiavasa

Proceedings dated: 03.07.2023. Sh. Ashish Kush, Planning Executive and Ms. Asha, Chartered Accountant briefed about the facts of the case. Sh. Ashok Jaunapuria (AR), sh. Manoj Shukla (AR) and Sh. Himani Sharma (AR) are present on behalf of the promoter. The office has submitted the file for taking a decision on applicability of late fee in the above project in view of revision in the sectoral plan and holding of approval of zoning plan and building plan by DTCP which have been approved only on 06.02.2023 and 05.06.2023 respectively and due to which promoter has not undertaken development works and neither created third party rights till date of application for registration. An undertaking to this effect be submitted in the office and office to put up on file for final decision of Authority. The advice of the AG Haryana received in similar matter be also annexed on file. The matter to come up on 10.07.2023.  

Sh. Ashish Kush, Planning Executive and Ms. Asha, Chartered Accountant briefed about the facts of the case. Sh. Ashok Jaunapuria (AR) and Sh. Manoj Shukla (AR) and Ms. Himani Sharma (AR) are present on behalf of the promoter. Regarding the applicability of late fee, the promoter stated that the building plans could not be approved as the revision of sectoral plan is in process. After the revision in the sectoral plan the building plans were approved on 05.06.2023 and registration without sanctioned plans would not be possible. The promoter has also submitted an affidavit dated 03.07.2023 stating that the promoter has not advertised, marketed, booked, sold or offered for sale, or invited persons to purchase in any manner and no development has taken place in the project till the date of application for registration. As per above report, the Authority is of the opinion that this case is similar to that of the project namely “GH 63” wherein the advice from AG, Haryana was sought. The AG, Haryana had opined that the fee may not be charged as the development has not taken place nor the building plans were approved. Therefore, the Authority decided to grant the waiver of deposition of late fee subject to the condition that in case any liability/demand on this account occurs in future, the applicant promoter shall be liable to pay the same on demand and a condition to this effect shall also be incorporated in registration certificate. Approved as proposed.