Tribunals and CommissionsFull Bench(2022) 04 RERA CK 0319

Raheja

Real Estate Regulatory Authority National Capital Territory Of Delhi · Decided on 20 April 2022

HON’BLE JUDGES
Ajay Kumar Kuhar, Member · Ramesh Chandra, Member · Anand Kumar, Chairman
CASE NUMBER
F1/20/PR/2018 (Extension), F1/01/PR/2017 (General Case), F1/20/PR/2018 (General Case)

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Judgment

8 paragraphs · 566 words
1.

Ld. Counsel for DDA argued that since M/s Raheja Developers Ltd. are constructing the EWS Flats in lieu of land given to them by the DDA, they (M/s Raheja Developers Ltd.) are required to do registration for the EWS Project. In response to a query, Ld. Counsel clarified that the land on which EWS flats are being constructed will remain with DDA and will not be transferred to M/s Raheja Developers Ltd. and DDA will enter into Agreement for Sale/Lease with the beneficiaries.

2.

Ld. Counsel for M/s Raheja Developers Ltd. argued that since the land on which EWS flats are being constructed remain in possession of DDA and as Agreement for Sale/Lease with beneficiaries will be entered into by DDA, the registration of the EWS Project must be done by DDA. However, as the land for Navin Minar and Raheja Mall projects stands transferred in favour of M/s Raheja Developers Ltd. (in lieu of EWS flats to be constructed by them), they have already registered these projects with RERA, NCT of Delhi.

3.

We reserve our order on this issue. Both parties can file their written submissions by 22th April, 2022.

4.

As far as applications for extension of time are concerned, the Authority notes that the Project Raheja Mall projects was registered vide Registration No. DLRERA20180013 with time validity upto 25.06.2020. This time validity stood extended upto 25.03.2021 on account of Covid-19 first wave.

5.

Project Navin Minar was registered vide Registration No. DLRERA2018P0005 by the Authority with no specific date given for completion of the project. The Authority notes this error and orders to rectify its earlier order of Registration showing date of completion as 25.06.2020. This order is given considering the fact that the applications for registration of Raheja Mall and Navin Minar projects were made on same day and the documents and facts submitted for registration are similar. The Authority taking the note of above order allows the date of completion stand extended upto 25.03.2021 for Project Navin Minar on account of Covid-19 first wave as in the case of Raheja Mall.

6.

Sh. Navin Raheja, AR submitted that sanctioned plans for Raheja Mall and Navin Minar are being revised with validity upto 2026. He requested that the Authority may give extension for completion of these two projects upto the date of validity of revised sanctioned plans. The Authority directs M/s Raheja Developers Ltd. to submit copies of revised sanctioned plans in order to enable the Authority to take a considered decision. The Authority gives time upto 15.05.2022 for submitting the revised sanctioned plans.

7.

During the last hearing held on 28.03.2022, the Authority had asked promoter applicant M/s Raheja Developers Ltd. to clarify under which clause of Development Agreement, Raheja Mall is being developed. Sh. Navin Raheja, AR clarified that the provision for commercial development has been made as per Clause 3.2 of the Development Agreement signed between the Promoter Applicant & DDA on 4.9. 2009 and as per this Clause Promoter can develop 10% of available FAR as per MPD-2021 towards free sale commercial component. Ld. Counsel for DDA supported his claim and stated that considering this Clause only DDA had approved sanctioned plan for the project and, therefore, development of Raheja Mall by M/s Rahjea Developers Ltd. is in order. We take these statements on record.

Case is listed for further hearing on 18.05.2022 at 3.30 PM.