Vantage One 09

Ar. Neeraj Gautam, Associate Architectural Executive and Ms. Asha, Chartered Accountant briefed about the facts of the project. Sh. M Ramanathan (AR), Sh. Mohit Singh (AR), Sh. Ashish Kumar (AR) and Sh. Yogum (AR) are present on behalf of the promoter. The Authorized Representative (AR) appearing on behalf of the promoter submits that the promoter had applied to the Department of Town and Country Planning (DTCP) vide application dated 16.03.2026 for approval of the Phasing Plan of the proposed commercial colony. It was submitted that, in the said application, the promoter had requested the DTCP to accord the nomenclature of Phase–3 to the proposed new building, namely Block/Tower 3A. The AR further submits that the DTCP did not accept the proposed nomenclature and, instead, approved the Phasing Plan of the commercial colony in two phases, in accordance with the DTCP Phasing Policy dated 24.04.2023 on the basis that Blocks 2A, 2B, 2C and 3A have a common basement and, therefore, constitute an integrated/contiguous multi-storied building. In terms of Clause 1.1(iv) of the Phasing Policy dated 24.04.2023, a multi-storied building/tower cannot be subdivided into multiple phases. Accordingly, the DTCP did not permit Tower 3A to be treated as a separate Phase–3. Further since the building blocks are bifurcated by a revenue rasta, on east side of the revenue rasta are Blocks 1A, 1B and 1C, while on the west side are Blocks 2A, 2B, 2C and the proposed Tower 3A. Consequently, the DTCP approved the project in two phases, as under: ·         Phase–1: Blocks 2A, 2B, 2C and 3A, situated on the west side of the revenue rasta. ·         Phase–2: Blocks 1A, 1B and 1C, situated on the east side of the revenue rasta. It is further submitted that Blocks 1B and 1C, which were earlier forming part of RERA Phase–1, stood shifted to DTCP approved Phase–2 along with Block 1A. On the other hand, Blocks 2A, 2B and 2C, which were earlier included in RERA Phase–1, continued to remain in Phase–1 under the revised DTCP-approved Phasing Plan. Further, in respect of Phase–2 of the DTCP-approved Phasing Plan, Occupation Certificates had been received from the DTCP on 19.07.2024 for Blocks 1B and 1C, whereas the Occupation Certificate for Block 1A was received on 02.06.2026. In respect of Phase–1, Occupation Certificates for Blocks 2A, 2B and 2C had been received from the DTCP on 19.07.2024. Thus, according to the promoter, all the existing building blocks which were covered under the earlier RERA registration prior to the implementation of the DTCP Phasing Policy dated 24.04.2023 have already been granted Occupation Certificates. The AR submits that only Tower 3A remains to be constructed and that the promoter has accordingly submitted the present application for its registration. The Authority has considered the submissions made by the AR of the promoter and has examined the documents and records available on the file. It is an admitted position from the record that a substantial portion of the area which now constitutes Phase–1 under the revised DTCP-approved Phasing Plan dated 08.05.2026 had earlier been registered with the Authority under Registration Certificate No. 333 of 2017. The said registration covered Towers 1B, 1C, 2A, 2B and 2C. The said registration was subsequently permitted to continue under the provisions of Section 7(3) of the Act up to 04.05.2025. However, the revised Phasing Plan approved by the DTCP vide approval dated 08.05.2026 has materially altered the composition of the phases of the project. Under the revised DTCP-approved Phasing Plan, Phase–1 now comprises Towers 2A, 2B, 2C and the newly proposed Tower 3A, whereas Towers 1A, 1B and 1C have been placed under Phase–2. Thus, the phase-wise composition and boundaries presently approved by the DTCP are materially different from the phase-wise composition reflected in the earlier RERA registration certificates. Consequently, the earlier RERA registrations cannot simply be treated as corresponding to the revised DTCP phases without carrying out the necessary amendment to the registration records. The Authority also takes note of the fact that the promoter has obtained revised building plan approval for Tower 3A vide Memo No. ZP-1082-V/SD(RD)/2026/22669 dated 26.06.2026 and has thereafter filed the present application seeking registration of Tower 3A under Section 4 of the Act. However, Tower 3A is not being proposed as an independent phase under the revised DTCP-approved Phasing Plan. Rather, it forms an integral part of Phase–1, along with Towers 2A, 2B and 2C. Moreover, the provisions of the Act, 2016 recognises a phase as a stand-alone project, and does not recognise the concept of sub-phasing and registration of the same. Furthermore, it is of grave importance to mention here that the Phasing Plan dated 08.05.2026 was approved by DTCP, Haryana with the condition that the promoter shall submit the Approved Phasing Plan to the RERA Authority and obtain RERA Registration in accordance with the approved phasing plan. In view of the foregoing, the present application seeking fresh registration of Tower 3A in isolation does not correspond with the provisions of the RERA Act as well as the Phasing Plan approved by the competent authority. Accordingly, the existing registration/continuation certificates are required to be suitably amended so that the RERA registration particulars accurately reflect the revised DTCP-approved Phasing Plan dated 08.05.2026. In view of the aforesaid facts, submissions and findings, the Authority is of the view that the application dated 03.07.2026, seeking fresh registration of Tower 3A under Section 4 of the Act, is not maintainable in its present form. Accordingly, the application dated 03.07.2026 is hereby returned to the promoter with the following directions: The promoter shall apply afresh for amendment of the registration of project and subsequent extension/continuation of the projects “Indiabulls One09 Phase–I” and “Indiabulls One09 Phase–II”, registered vide Registration Certificate Nos. 333 of 2017 and 298 of 2017, respectively in accordance with the revised DTCP-approved Phasing Plan dated 08.05.2026, so that the phase-wise composition reflected in the RERA registration records is brought in conformity with the phasing approved by the DTCP, Haryana. The fee already deposited by the promoter in respect of the present application (Rs. 16,46,350/-) shall be adjusted against the applicable fee payable at the time of filing the abovementioned amendment application. Accordingly, the present application stands returned/disposed of in the above terms.