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Judgment
M/s Parsvnath Landmark Developers Pvt. Ltd. (hereinafter referred to as the Promoter Applicant) applied for registering Phase-II of their ongoing project “Parsvnath La-Tropicana” (hereinafter referred to as the project) located at Khyber Pass, Civil Lines, Delhi as per application dated 02.01.2021 under the provisions of Real Estate (Regulation and Development) Act, 2016 [hereinafter referred as RE(RD) Act, 2016].
The application was accompanied with the requisite fee of Rs. 2,84,040/-. In the application it is stated that Phase-II would be residential. Promoter Applicant requested to treat this Phase-II as independent project under section 3 of the RE(RD)Act, 2016.
The Promoter Applicant submitted that they would implement the project in four phases and at present they are seeking registration of three phases only as per separate application submitted with the Authority.
The Promoter Applicant had earlier submitted application for registration of the Phase-II on 30.07.2017. The Authority after considering the application rejected the same on 11.08.2020 for want of sanctioned layout and building plans.
The Authority after examining the new application submitted by the Promoter Applicant communicated the deficiencies on 04.02.2021. The Promoter Applicant submitted reply dated 09.04.2021 for curing certain deficiencies. Two physical hearings were held in the Authority on 03.12.2021 and 07.03.2022 for seeking clarifications regarding the project.
After going through the project documents submitted and presentations made by the Promoter Applicant, following facts are noted for record.
The Promoter Applicant had obtained land for the project on lease hold basis from Delhi Metro Rail Corporation (DMRC) as per agreement dated 30.03.2004 executed between the Promoter Applicant & DMRC.
ii) Subsequently, when Promoter Applicant approached the North Delhi Municipal Corporation (NDMC) for sanctioning the Layout and Building Plans, the NDMC asked for the agreement signed between the DMRC and Law and Development Office (L&DO) Govt. of India, for the project land. An undertaking was given by the Promoter Applicant to the NDMC that the Agreement between DMRC and L&DO, Govt. of India shall be submitted before getting the completion certificate of the project. The Promoter Applicant got the layout and building plans sanctioned from NDMC on 27.05.2009 with validity upto 26.05.2014.
iii) Later due to revision in the FAR norms, the Promoter Applicant applied for the revised sanction of layout and building plans to NDMC in the year 2010.
iv) The NDMC once again asked the Promoter Applicant to submit agreement signed between DMRC and L&DO, Govt. of India. This agreement was executed between DMRC and L&DO, Govt. of India on 11.07.2014 as a Memorandum of Understanding and a copy of the same was submitted to NDMC.
After receiving the copy of the Memorandum of Understanding dated 11.07.2014, NDMC raised a claim on ownership of the project land.
The Govt. of India, Ministry of Housing and Urban Affairs (MOHUA), L&DO, Govt. of India vide their order dated 02.01.2019 under file no. L-IIA-1(1252)/2012-PC/02 concluded that the project land belongs to Govt. of India is under their control.
Subsequent to the above, Promoter Applicant approached NDMC for sanctioning the layout and building plans. However, NDMC directed the Promoter Applicant to apply afresh online under the ease of doing business policy. The layout plans were finally approved by NDMC on 05.09.2019 and building plans were approved on 14.10.2020 with validity till 13.10.2025.
The Promoter/Applicant after obtaining the revised sanction from NDMC for the layout and building plans submitted revised application for registering Phase-II of the project with the Authority. As on date of the application there were 169 allottees in Phase-II.
Since, the project unfortunately got inordinately delayed on various accounts i.e. dispute regarding ownership of land, delay in getting revised layout and building plans sanctioned, court cases etc., the Promoter Applicant entered into following Memorandums of Understanding and Consent Application with the Paramount La- Tropicana Resident Association.
Memorandum of Understanding dated 27.10.2020
Amended Memorandum of understanding dated 30.4.2019
Consent Application dated 16.02.2022 filed before the Hon’ble National Consumer Dispute Redressal Commission (NCDRC), Delhi which was taken on record by the Hon’ble NCDRC.
As per Section 14 of RE(RD) Act, 2016 whenever layout and/or building plans are revised by the Promoter/Developer, they must obtain consent of 2/3rd of the Allottees. The Hon’ble NCDRC, Delhi, considering the two Memorandums of Understandings and Consent Application mentioned in Para No. 10 above, vide its Order dt. 16.02.2022 in the M.A. 62/2021 tilted “La- Tropicana Resident, Association Vs. Parsvnath Landmark Developers Pvt. Ltd.”, ordered as follows: -
“I appreciate the efforts undertaken by the Parties to arrive at a consensus in removing the deficiencies/shortcomings in the project. The terms of the agreement are taken on record and the same are reproduced as below:
1.As per terms of the consent terms, all grievances are settled and the said complaint is disposed of.
2.Stay earlier granted as per Orders dated 04.10.2021 to create any third party interest in the Commercial and EWS Plots, stands vacated and OP can sell the same and proceeds to be deposited in the Escrow Account.
3.The Allottees are required to pay their dues timely including the amount demanded at the time of offer of fit out for timely completion of the project.
4.Terms of MOU/Addendum Agreement/Consent Application will be applicable to all Allottees of the Project and it will be considered as their consent for any approval of plans/re- approval of plans from competent authority as per terms of MOU/AA/Consent and specific consent for RERA registration of the Project.
In this view of the matter, no order is required to be passed on the Application filed by the Complainant.
The interim order dated 04.10.2021 stands recalled.
The Parties will ensure that the terms of the agreement are complied with including the condition that the Purchasers or Allottees shall pay their dues as and when it becomes due including demand at the time of fit outs.
Liberty is given to the Parties to file compliance report on quarterly basis.
Orders Dasti”
Considering the order of the Hon’ble NCDRC, this Authority presumes the consent of 2/3rd of the Allottees in terms of the Section 14 of the RERD Act, 2016.
The Authority’s office has confirmed that all requirements for registration of Phase-II of the project have been met.
The Authority considering the above orders registration of Phase-II stand alone project under section 3 of RE(RD) Act, 2016 subject to the following conditions-
The Promoter Applicant shall mention the encumbrances on the land and project in the Agreement to Sale or Sub-lease.
ii) The Promoter Applicant shall mention the specific number(s) of parking slot(s), open or closed, if allotted, along with flat in the Agreement to Sale or Sub-lease.
iii) The Promoter Applicant shall clearly mention in the Agreement to Sale or Sub lease details of entrances, lifts and specifications of material used.
iv) The Promoter Applicant shall clearly mention their intention of developing other phases in the Agreement to Sale or Sub-lease and clearly disclose to the prospective buyers/Allottees that development of Phase-IO would be independent of the rest of the Phases except for the specifically mentioned common facilities, services and amenities.
The registration of Phase-II of project and Agreement to Sale or Sub lease will be subject to various provisions of RE(RD) Act, 2016 and rules made thereunder.
vi) The Promoter Applicant shall maintain the accounts of the project in accordance with the order of Hon’ble NCDRC dated 27.09.2021 in M.A. No. 62/2021 titled as La- Tropicana Resident Association Vs. Parsvnath Landmark Developers Pvt. Ltd.
vii) Basement in the building shall be used only for purposes mentioned in the Sanctioned Plan.