HARERA vs PIONEER URBAN LAND AND INFRASTRUCTURE

Sh. Abhishek Pandey (Advocate) and Sh. Vijay Patel (AR) appeared on behalf of the promoter. AR and counsel for the promoter appear and files an affidavit on behalf of CEO of the company and the counsel further states that since the director of the company is out of town, hence, they shall file the affidavit duly signed by the director of the company along with fresh board resolution on or before next date of hearing. He further states that they will provide the status of compliances that they have to comply as per the condition of TOD permission obtained from DTCP, Haryana vide letter dated 21-11-2023. Matter to come up on 07-02-2024 at sharp 10:00 A.M.

Sh. Mohit Arora (Advocate), Sh. Abhishek Pandey (Advocate) and Sh. Vijay Patel (AR) appeared on behalf of the respondent. AR and counsel for the promoter filed an affidavit which is said to have been signed by the AR, but the authority is of the view that since it is a Suo motu matter regarding non registration of the project, hence, the affidavit needs to be filed by the director of the company along with the board resolution in this respect within two weeks. Matter to come up on 24-01-2024 at sharp 10:00 A.M.

Sh. Mohit Arora (Advocate), Sh. Abhishek Pandey (Advocate) and Sh. Vijay Patel (AR) appeared on behalf of the respondent. Counsel for the promoter states that they have received the TOD permission from DTCP, Haryana on 21-11-2023 which is being submitted at annexure R1 and further states that they shall file an affidavit with respect to the approval of building plan and application for registration of project in RERA before next date of hearing. Also, vakalatnama has been filed by the advocate. Matter to come up on 03-01-2024 at sharp 10:00 A.M.

Sh. Mohit Arora (Advocate) and Sh. Abhishek Pandey (Advocate) appeared on behalf of the respondent.Counsel for the promoter states that the promoter has changed the counsel to argue the matter and he is recently engaged to appear before the authority. Therefore, request time to file the vakalatnama and to clarify the status of the project before the next date of hearing. Matter to come up on 21-12-2023 at 10:00 A.M.

Sh. Nikhil Ahuja (Advocate) appeared on behalf of the respondent. Counsel for the promoter states that they have not launched the project till date. However, application for grant of additional FAR under TOD Policy was submitted to DTCP, Haryana on 19-09-2018 but the same is still under process and no approval has been received by the promoter. However, as per the copy of reply submitted by the respondent in the authority, a letter addressed to DTCP on 23-10-2018 is enclosed which states that license no. 240 of 2007 dated 25-10-2007 for area measuring 17.4875 acres was developed by the respondent and part OC for the same have been granted by DTCP. Counsel for the respondent seeks short adjournment to clarify the status of the project. Matter to come up on 13-12-2023 at 3:00 P.M.

None appeared on behalf of the respondent. Matter adjourned to arguments on 29-11-2023 at 10:00 A.M.

MATTER ADJOURNED FOR 08-11-2023 AT 10:00 A.M.

Sh. Nikhil Ahuja (Advocate) is appeared on behalf of the respondent. The counsel for the promoter requests for short adjournment. Matter is adjourned for argument on 11-10-2023 at 11:00 A.M.

Sh. Nikhil Ahuja (Advocate) is appeared on behalf of the respondent. The counsel for the promoter stated that the company has filed an application in TCP Haryana on 11-07-2022 for grant of additional FAR under TOD policy and the same is not approved till date. The promoter is directed to apply for registration of project under section 4 of RERA Act 2016 and further the authority restrains the promoter from creating any third-party rights on the said project till further orders. Matter is adjourned for argument on 27-09-2023 at 11:00 A.M.

None is appeared on behalf of the respondent. The counsel for the respondent had submitted the reply on 02-08-2023 in the authority stating that he has not launched the project on the licensed land and no development work is being carried out on the said land. Also, the respondent has applied for additional FAR under TOD policy and no third-party rights have been created on this licensed land. Further he states that the project does not fall under the definition of ongoing project. Matter is adjourned for argument on 31-08-2023 at 11:00 A.M.

Matter adjourned for 09-08-2023 at 11:00 A.M.

Advocate Nikhil Ahuja is appeared on behalf of the respondent. He states that reply was already filed regarding this matter in the authority and there is no development/third party right created on this license land. Requested for short adjournment to file the affidavit of duly authorized person of the company to that effect. Matter to come up on 02-08-2023 at 11:00 A.M.

MATTER ADJOURNED FOR 26-07-2023 AT 11.00 A.M

Matter adjourned for 27-06-2023 at 11.00 A.M

With reference to show cause notice No. RERA-GRG-6388-2019 dated 10.12.2019, Shri Kapil Basal, Advocate on behalf of company appeared before the authority for personal hearing. Reply has been submitted by the respondent is under scrutiny.              The case is adjourned to 20.04.2020 at 11:00 AM.

With reference to show cause notice No. RERA-GRG-6388-2019 dated 10.12.2019, Shri Kapil Basal and Vijay Ahuja, Advocates on behalf of company appeared before the authority for personal hearing. On behalf of respondent, no reply has been submitted against notices issued.               Hence 10 days’ time has been given to submit the reply. The matter is fixed for hearing on 25.02.2020 at 11:00 AM.