HARERA GURUGRAM THROUGH NEERAJ GAUTAM vs TATHASTU REALTY PVT LTD

Since the approval of service plans and estimates has now been submitted by the promoter, the order dated 06.03.2025 wherein is the promoter was restrained from creating any third- party rights in the project in the interest of the allottees is hereby revoked. However, the approval of service plans and estimates has been obtained by the promoter with a delay of 493 days and it was clearly mentioned in the registration certificate that this security amount shall be forfeited in favour of authority in case the conditions are not fulfilled by the promoter within the stipulated time period, the security amount of Rs. 25 lakhs deposited by the promoter on account of timely submission of the approved service plans and estimates is hereby forfeited. The security amount submitted by the promoter in lieu of timely submission of approved fire scheme in the Authority already stands refunded to the promoter. Since the compliance has now been made, although with a delay, the case is disposed of.

Ms. Neeraj Gautam (Associate Architectural Executive) briefed the facts of the case. Sh. Neeraj K Mishra (Executive Director) and Sh. Ashwani (AR) are present on behalf of the promoter and state that the delay in approval of service plans and estimates occurred on account of non-availability of road levels, sewer systems and water supply lines from the DTCP Haryana so as to enable to align the service plans with the current status of vital components. The AR further states that they are committed to deliver the project to the allottees without any delay and request the Authority to allow them to create further third-party rights in the project since the approval of service plans & estimates has now been obtained by the promoter and a copy of the same has been submitted to the Authority vide Dak ID dated 10.10.2025. The promoter was directed to submit the date wise status of sale/ booking of units in the project in the form of affidavit through director of the promoter company before 06.01.2026 vide notice dated 31.12.2025. It is noted that the promoter has still not submitted the date wise status of sale/ booking in the project for the residential units. Further, the affidavit submitted regarding non creation of any third-party rights from 06.03.2025 till 10.10.2025 needs to be notarized. Keeping in view the fact that the project is an Affordable Group Housing and the approval of service plans & estimates has been obtained after a delay of 493 days, the concerned executive is directed to visit the site of the project to check the status of development and assess the Quarterly Progress Reports and Annual Audited Reports submitted by the promoter. The promoter is again directed to submit the date wise status of sale/ booking in the project (Residential as well as the commercial units) in the form of affidavit through Director of the promoter company before the next date of hearing. The matter to come up on 12.01.2026.

THE MATTER TO COME UP ON 06.01.2026