M/s Raheja Developers Limited

The Authority considered the application dated 10.06.2024 of the Applicant Promoter, M/s Raheja Developers Ltd., seeking extension of registration of the project namely PMAY-EWS In-Situ Kathputli Rehabilitation submitted in prescribed Form E.

The subject project was registered on 06.03.2023 with validity of Registration Certificate up to 31.03.2024.

The Applicant Promoter submitted a copy of letter addressed to Executive Engineer, DDA dt. 13.12.2023 seeking 61 days extension on account of GRAP Orders. However, Applicant Promoter neither made a formal application in Form prescribed under the Real Estate (Regulation and Development) Act, 2016 (herein after referred to as RE(RD) Act, 2016) to this Authority nor paid necessary fee as per the Rule 6 Sub-clause 2 of the NCT of Delhi Real Estate (Regulation and Development) (General) Rules, 2016 (herein after referred to as „General Rules, 2016‟) for extension of validity of registration.

The Authority directed the Applicant Promoter to file formal application for extension in the prescribed format.

The Applicant Promoter applied for extension on 12.03.2024, but without paying requisite fee.

The Authority, therefore, issued a Showcause Notice on 23.04.2024 to the Applicant Promoter seeking explanation as to why they did not apply for extension of validity of the registration as per the provisions of RE(RD) Act, 2016.

The Applicant Promoter in their reply to the above Showcause Notice submitted that they have deposited the required fee on 03.05.2024 and applied for extension of registration in prescribed Form E on 10.06.2024.

Section 6 of the RE(RD) Act, 2016 provides for extension of registration of the project. Rule 6 of the General Rules, 2016 provides, inter alia, that the application for extension of registration is to be made by the Applicant Promoter in Form E within three months prior to the expiry of the registration granted. Meaning thereby, the application was to be filed in Form E before 31.03.2024. Rule 6(2) mandates that application for extension of registration shall be accompanied with registration fee with an explanatory note stating the reasons for delay in the completion of the project.

It is observed that the Applicant Promoter did not move the application for extension within the requisite time and with the requisite fee as per the provisions of Section 6 of the RE(RD) Act, 2016 read with Rule 6 General Rules, 2016. The application in the proper format along with the requisite fee as per Section 6 of the RE(RD) Act, 2016 read with General Rules, 2016 is seen moved post lapse of registration on 31.03.2024.

Since, the Applicant Promoter did not move application for extension of validity of registration in time they are in violation of Section 6 of the RE(RD) Act, 2016 read with Rule 6 of the General Rules, 2016, and accordingly, are liable for penalty under Section 61 of the RE(RD) Act, 2016.

The Authority is now seized of application for extension of registration dated 10.06.2024 for consideration.

The Applicant Promoter have sought extension in registration on account of GRAP Orders passed from time to time; incessant rains in the month of July and August 2023; construction of capital DJB rising mains across Kirti Nagar, Delhi; strike by transporters from 02.01.2024 to 17.01.2024 and farmers‟ protest that effected the movement of vehicle on the borders of states of Haryana, Rajasthan and Punjab from 12.03.2024 to 14.03.2024.

In addition, thereto, the Applicant Promoter has also informed that as per the Development Agreement between Delhi Development Authority (DDA) and them, the EWS flats were to be constructed by 31.03.2024. However, now the DDA has extended the time for completion of the project up to 31.03.2025 on their representation.

We have considered all the documents submitted in support of the grounds claimed by the Applicant Promoter. We note that the subject project is being developed as per the Development Agreement signed between the DDA and Applicant Promoter for construction of 2,800 EWS flats, the time limit for which has now been extended by DDA up to 31.03.2025.

The Authority has considered all grounds given by Applicant Promoter for seeking extension.

Section 6 provides that extension of registration of project can be granted in reasonable circumstances where Applicant Promoter is not at fault. The Authority has taken a view that on account of GRAP Orders the construction work by Promoters get affected and the Authority has laid down parameters for consideration of the delay caused on account of GRAP Orders while dealing in similar matter in the case of “Amaryllis Phase-II” project in F.No.(13)/Ex./PR/RERA/2022. The Authority has also taken into account the incessant rains in July 2023 and strike of transporters from 02.01.2024 to 17.01.2024, which could have caused hindrance in the construction work. The Applicant Promoter, however, could not show how the farmers‟ protest affected the construction work.

We note that the application for extension in prescribed format with requisite application fee has been moved after the expiry of registration on 31.03.2024. However, since in this project there are no alllottees and Applicant Promoter is making flats for rehabilitation of slum dwellers on behalf of DDA, we condone the delay. However, the Applicant Promoter remains liable for filing application after considerable delay and therefore liable for penalty for violating Section 6 of RE(RD) Act, 2016, read with Rule 6(2) of General Rules, 2016.

Further considering all the facts and circumstances, the Authority is of the view, that since in this case there are no allottees and the Promoting Authority, DDA, has already given extension up to 31.03.2025 to the Applicant Promoter, we without going into details of the merit of the grounds for seeking extension extend the registration of the project under 1^st Proviso to Section 6 of RE(RD) Act, 2016 up to 31.03.2025.

Accordingly we direct;

The application stands disposed of.