Windchants Phase C

Ms. Deepika, Planning Executive and Sh. Ashish Dubey, Chartered Accountant briefed about the facts of the case. Sh. Suneet Puri (AR), Sh. Ajay Kumar (AR) and Sh. Shekhar Verma (AR) are present on behalf of the promoter. Sh. Pooja Aganpal (Advocate) and Sh. Manoj Kumar are present on behalf of the complainant. The windchants condominium association has submitted a complaint copy of which was provided to the promoter against which the reply has been submitted by the promoter on 18.10.2024 & 21.10.2024. Further, both the parties windchants condominium association and the promoter of the project are present. The complainant states that the builder has not yet handed over the IFMS to WCA inspite of the fact the WCA is maintaining the condominium till date irrespective of the fact that the promoter had launched, constructed and sold the project as per approved building plan of 2012. Now, the promoter company has merged an adjoining plot admeasuring 1.1965 acres acquired under license no. 99 of 2019 well after grant of EC in 2012. Due to merging of additional tower the existing services such as swimming pool, club house, etc. will be overloaded. The association further stated that the percentage of the interest of the common area will be reduced after merging of the additional licensed land in the existing colony and consent of 2/3rd allottees is required as per the DTCP policy dated 28.01.2013. In reply to the same, Sh. Shekhar Verma (Advocate) for the promoter stated that the IFMS is a separate issue and will be dealt separately and nothing to do with the registration of the current application u/s 4. Regarding the grant of license no. 99 of 2019, for an area measuring 1.1965 acres, the Advocate of the promoter states that additional license no. 99 of 2019 was issued by competent authority as far back on 04.09.2019 and this fact has been in the knowledge of the association from the very beginning. Pertinently the association has never challenged the issuance of the said additional license issued more than 5 years back. It is not disputed that the dwelling units, community facilities, and EWS units shall be constructed over the said area, as per building plans already approved by the competent authority. He further stated that, all services such as STP, WTP, Fire fighting plant room, UGT, Electrical transformer, Power backup, Rain water harvesting, etc. are incorporated within the new proposed tower within 1.1965 acres. Thus, the new development is independent of the existing development in the manner that it does not affect the existing services in any manner. DTCP, instead of granting a stand-alone license, has granted the license in addition to the earlier license numbers 21 of 2008 & 28 of 2012 for an area measuring 23.431, thereby making total area measuring 24.6275 acres for developing the group housing colony. Further, phasing has been approved by DTCP vide memo no. ZP-595-III/AD(VK)/2023/38605 dated 10.11.2023. He further stated that the role of the authority was limited to ensuring that the requisite compliances have been placed on record. The legality of the approvals granted by the DTCP can only be challenged at the level of the competent authority in the Department of Town and Country Planning. After hearing the parties and going through their submissions, the authority is of the view that the subject land for which registration has been applied under section 4 of RERA, 2016 comprises of a separate phase and can be registered by the promoter as a stand-alone real estate project in terms of explanation below section 3(2) of the Act, 2016. In view of the above, the application filed by the complainant association is found without merits and is declined. The registration of the project is approved subject to necessary compliances and corrections in the A-H form and DPI.