The Dahlias

Mr. Shashank Sharma, Associate Engineer Executive and Mr. Ashish Dubey briefed about the facts of the project.  Ms. Anjana Bali (AR), Sh. Anish Dham (AR) and Sh. Alok Kumar (AR) and Sh. Nimit Porwal (AR) are present on behalf of the promoter. The AR present on behalf of the promoter stated that the licenses on which promoter has applied for registration u/s 4 of the Act of 2016 are before the enactment of the Act of 2016, i.e., 01.05.2017. However, phasing plan of the above licensed land admeasuring 542.8515 acres has been approved by the DTCP vide memo no ZP-1558/JD(RA)/2024/28702 dated 12.09.2024 and the project under the consideration of the Authority is earmarked as phase “R16” in approved phasing plan and hence each phase is to be considered as a standalone project in terms of section 3(explanation) and 4(c) of the Act of 2016. Further, no development has been undertaken in respect of phase of project under consideration and first building plans was approved by the DTCP only on 27.10.2022 for 7.57 acres on “Zone 10” vide memo no ZP-1558/JD(RA)/2022/32503 and EC for the said parcel of the land was approved only on 17.08.2022. Also, the building plan approved earlier has now been revised by DTCP in the name of M/s DLF Ltd. vide memo no ZP-1558/JD(RA)/2024/29637 dated 19.09.2024 and the various licenses issued in the name of their subsidiary companies merged into M/s Nilgiri Cultivations Pvt. Ltd. on 17.11.2000 and after that it is known as DLF Utilities Ltd. (by certificate for change of name on 23.10.2008). Finally, the real estate business of DLF Utilities Ltd. got demerged and merged into DLF Ltd. vide order dated 23.02.2022 in CP(CAA) No 14/Chd/Hry/2020 passed by NCLT and also the revised BR-III has been issued by DTCP in the name of DLF Limited only. The AR further clarifies that said revisions in building plans is prior to any kind of sale, booking, marketing, advertisement and affidavit to the same has been submitted in the DTCP also and as per the latest policy/order issued by the Town & Country Planning Department on 16.09.2024, it has been clarified that wherein no third-party rights have been created and undertaking to this effect has been submitted, no public notice for inviting objections is required to be issued . Accordingly, revised BR-III has been issued by DTCP without inviting any objections or public notice. So, the project under the consideration of Authority is not categorized as “Ongoing Project” and the late fee calculated by the Authority is not applicable on them, as the project could not have been applied for registration u/s 4 of the Act of 2016 till various approvals are in place while no such approvals were obtained before the commencement of the Act, 2016. However, the Interim RERA had issued the clarification letter to NAREDCO, Haryana vide memo no HRERA/RD/2017/35/1049 dated 15.09.2017 which clarifies that licensed (unlaunched) projects can be registered at any time before the promoter intends to advertise, market, or sell the property. Furthermore, the AR informed that few of the clauses apart from the approved model BBA have to be added for enhanced transparency and better understanding of the project to the proposed allottee. The Authority observes that besides above directions issued by Interim RERA to NAREDCO, the opinion from Ld. AG, Haryana has been taken by the Authority in respect of Group Housing Colony namely “GH 63” located at Sector-63, Gurugram. regarding the ongoing project and applicability of late fee wherein the following has been opined: -   “In the opinion of undersigned, the objection raised by the authority is not sustainable in view of the legal position summarized in para 25 because it is not possible to say that as on 01.05.2017, promoter was in a position to start development of project because the building plans were not prepared what to talk of sanctioned. Equally speaking, even without requisite permissions as provided in section 4(2) of Act of 2016, the authority was not in a position to grant registration. There arises no occasion to ask for late fees for late registration of the project because as on 01.05.2017, the project of promoter/applicant could not have been categorized as "ongoing" because with only license for developing group housing colony without even a building plan, the applicant could not have start developing the proposed real estate project.”   Therefore, as per above clear opinion of AG, Haryana, the project cannot be categorized as “Ongoing” till approval of first building plans on 27.10.2022 but becomes registrable w.e.f said above. But in view of above directions of Interim RERA to NAREDCO dated 15.09.2017 as well as the fact that no timeline has been specified for making application for registration of project Post RERA cases, a further advice from Government/AG, Haryana is required to adopt a uniform practice. STP, HARERA and Secretary HARERA, to put up the requisite proposal and reference to Government in 10 days and to keep follow up till above clarification and realization of amount, if so advised or decided by Government and an affidavit to this effect shall be taken. The promoter is further directed to submit the model BBA in the Authority along with the conveyance deed and further the proposed additional clauses in the model BBA shall be examined separately on file. The promoter is further directed to submit the approved fire scheme and approved service plans and estimates within 3 months from the date of registration and BG’s of Rs. 25 Lakhs each in lieu of same has been submitted in the Authority. Therefore, as proposed above the registration shall be issued subject to the correction in form A-H and DPI and DD/BG/Affidavit for payment of late fee as per the decision taken by the Government. Further, the amount of late fee is subject to audit and reconciliation as well as conformation/clarification of Govt.