The Story House

Sh. Ashish Kush, Planning Executive briefed about the facts of the case. Sh. Manish Yadav and Sh. S.P Chopra (Advocate) are present on behalf of the promoter. Sh. Yogesh Yadav (Advocate) appeared and states that an objection/complaint has been filed on behalf of M/s Interstate Development Design & Engineering Concultancy Pvt. Ltd. in respect of public notice in the present matter. It is alleged that they are the owner of the land parcel situated at Sector 89A, Gurugram falling under Khewat no. 861 khatauni no. 911, 912, 914, 915 and Khewat no. 906 khatauni no. 961, total admeasuring 29.52 acres. It has further been contended that M/s Arttech Elegant Home LLP, the promoter has allegedly encroached upon a portion of the complainant’s land with ulterior motives of additional construction illegally on the land which is not owned by the license holder. The complainant has also stated that a civil suit bearing no. CS/4322/2018 has been filed against the promoter herein i.e., M/s Arttech Elegant Homes LLP regarding the land involved in the project  and is pending adjudication before the Civil judge (Junior Division) Gurugram District Courts. By virtue of order dated 09.07.2017, the Civil Court directed all parties to maintain status quo with respect to the said land and restrained them from undertaking any construction activity thereon until further orders. The said encroachement is shown as Khasra no. 53//18 admeasuring encroached area 2522.6 sq. yards, Khasra no. 53//19 admeasuring encroached area 1431.7 sq. yards, Khasra no. 53//22 admeasuring encroached area 1858 sq. yards and Khasra no. 75//3 admeasuring encroached area 499 sq. yards. Thereafter, M/s Arttech Elegeant Homes LLP in connivance with Mr. Rajan Thind has purchased the said project land in the month of October 2024. In response, the Authorized Representative of the promoter has submitted that there is no pending litigation with respect to the licensed land for which registration has been sought. It is further stated that the area mentioned by the complainant does not fall within the licensed land as per the sanctioned license granted by the competent authority. Upon consideration of the submissions and after examining the documents on record, the Authority observes and concludes as follows:   ·         The land parcels alleged by the complainant as encroached upon do not fall within the licensed area for which registration is being sought by the promoter. ·         The promoter has also clarified on record that no litigation is pending in respect of the licensed area forming part of the subject project. ·         Accordingly, the complainant's grievance does not pertain to the licensed land under the jurisdiction of this Authority. In view of the above, the Authority finds no bar to the processing of the application for registration of the licensed land in question. However, if the complainant is aggrieved by any alleged encroachment or unlawful construction on land, they are at liberty to pursue appropriate legal remedies before the competent civil court or appropriate authority, in accordance with law. The Authorized Representative of the promoter submits that presently, the Environment clearance, Fire Scheme Approval and Approved service plans and estimates are under process and the said approvals have not yet been obtained as on date. Further, the AR of the promoter undertakes to obtain and submit: i.        The Approved Environmental Clearance within 6 months from the date of grant of registration, and ii.      The Fire Scheme Approval and Approved Service Plans and Estimates within 4 months from the date of grant of registration. Further, he undertakes to submit three Demand Drafts / Bank Guarantees amounting to Rs. 25 lakhs each, as a security deposit for timely compliance with the above requirements. It is also expressly undertaken that in the event of failure to obtain and submit the aforesaid approvals within the stipulated time frames, the said security amount(s) shall be liable to be forfeited by the Authority. The Authority has taken note of the submissions made by the Authorized Representative of the promoter regarding the non-availability of the aforesaid statutory approvals as on date. In view of the above, and in the interest of regulatory compliance, the Authority hereby directs that the promoter shall submit three separate Demand Drafts / Bank Guarantees, each amounting to Rs. 25,00,000/- (Rupees Twenty-Five Lakhs only), in favour of the Authority, as security amounts for timely submission of the following approvals: a.       Environmental Clearance: within 6 months from the date of grant of registration; b.      Fire Scheme Approval: within 4 months from the date of grant of registration; and c.       Approved Service Plans and Estimates: within 4 months from the date of grant of registration. In the event of non-submission of any of the above approvals within the prescribed time frames, the corresponding security amount shall stand forfeited by the Authority, and such failure may also attract additional regulatory action as permissible under the Act of 2016, rules and regulations made thereunder. Approved as proposed subject to rectification of deficiencies mentioned above. The Registration Certificate shall be issued after submission of remaining deficiencies mentioned above including correction in A-H form, Online DPI and submission of three BG/DD of Rs. 25 lakhs each for submission of Approved Environment Clearance, Fire Scheme approval and approved Service plan and Estimates within the timeframe mentioned above.