HARYANA REAI ESTATE REGUTATORY
HARERA AUTHORITY GURUGRAM
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Proiect - The Sixty Three
RERA-GRG-1L38.2O22
ect hearing brief for ation uls4
[Link]. Particulars Details
1. Name of the proiect The Sixty Three
2. Name of the promoter M/s DLF Home Developers Limited
3. Nature of the Droiect Group Housing colony
4. Location ofthe nroiect Sector 63. Guruqram
5. Legal capacity to act as a Collaborator
promoter
6. Name of the license holder 1. M/s Arlie Builders & Developers Private Limited
2. M/s Beyla Builders & Developers Private Limited
3, M/s Afaaf Builders & Developers Private Limited
4. M/s DLF Home Developers Limited
5. M/s Vamil Builders & Developers Private Limited
6. M/s Hoshi Builders & Developers Private Limited
7. M/s Zanobi Builders & Constructions Private Limited
7. Name of the collaborator M/s DLF Home Developers Limited
8. Status ofproiect Oneoine
9. Whether registration Whole
applied for whole/ phase
Phase no. N/A
10. Online application ID [Link].LI38-2022
tt. License no. 123 of 201.2 dated 20.72.2012 Valid till 19.12.2025
t2. Total licensed area 25.087 Acres Area to be 25.087 Acres
Reeistered
13. Proiected completion datr: 31.03.2030
t4. QPR Compliances (if N/A
applicable)
15. 4(2)0XD) Compliances (if N/A
applicable)
16. Statutory approvals either applied for or obtained prior to registration
[Link] Particulars Date ofapproval Validity up to
i) License Approval 123 of 2012 dated20.72.201.2 L9.72.2025
ii) Zoning Plan DGTC P-363 0 dated 27.12.2012
Approval
iii) Building plan zP - Lsz 4 / AD (RA) / 2022 / n$ 7 27.04.2027
Approval Dated 28.04.2022
Revised Building ZP -152 4 / AD (RA) / 2023 / 209 7 dated L9.07.2028
Plan 20.0t.2023
iv) Environmental EC22B039HRL37 7 15 date d 70.06.2032
Clearance L7.06.2022
Email : hareragurugram@[Link], reragurugrarn@[Link], Webslte : [Link]
An Auttrority constituted under section 20 the Real Estate (Regulation and Development) Act, 2O16
Act No. 16 of 2016 Passed by the Parliament
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HARERA
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Proiect - The Sixty Three
RERA-GRG-TT38.2O22
Revised Not Submitted
Environmental
Clearance
v) Airport height PALM/NO RTH / B / 721321 / 64097 2 20.72.2029
clearance dated 2L.12.2021
vi) Fire scheme Applied on27.07.2022
approval
Revised Fire scheme Not Submitted
approval
vii) Service plan and LC - 799 4 -Y ol - r r r -l E ( D S) - 2022 / 2t9 229 date d 28.09 .2022.
estimate approval
Revised Service plan Not Submitted
and estimate
approval
17. Fee Details
Registration Fee Resi3,79,290.863 sqm *3.15*'10= Rs. 1,00,57,662/-
-
Comm- 507.617 sqm * 0.5* 20 '= Rs 5076/-
Total - Rs 1,00,62,738/-
Processing Fee 3,L9,798.480 sqm *10= Rs. 31,97,985/-
Late Fee N/A [As per the legal opinion of A.G Haryana)
Total Fee Rs 1,32,60,723f -
18. DD amount Rs 48,78,000/-
Rs 83.50,000/-
DD no. and date 521059 dated 09.08.2022.
52L57 B dated 0 6.0 1.2023.
Name of the bank issuing ICICI Bank Gurugram
Online Transaction 0587069310 dated 23.01.2023 amounting Rs 10,000/-
3 0 2 3 1 1 1 0 0 227 dated 23.01.2023 amountins Rs 2 5,00 0 /-
Total Fee paid Rs 1,32,63,000/-
Deficient amount NIL
19. File Status Date
File received on 29.08.2022
Deficiency conveyed on 07.09.2022
First hearing on 19.09.2022
Second hearing on 1.0.70.2022 fadjourned)
Third hearing on 77.t0.2022
Fourth hearing on 74.1.1.2022
Fifth hearing on [Link].2022
Sixth hearing on 72.t2.2022
Seventh hearing on 26.12.2022
Enall : hareraguru gram@gmail. com, reragurugram@gmail. com, tllebslte : www. harera. in
An Authority constituted under section 20 the Reat Estate (Regulation and Development) Act, 2016
Act No. 16 of 2O16 Passed by tJle Parliament
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Proiect The Sixty Three
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Eighth hearing on 09.01.2023
Ninth hearing on 16.0t.2023
Tenth hearing on 23.01.2023
20. Case History:
The Promoter M/s DLF Home Developers Limited who is a collaborator applied for the registration of
real estate group housing colony namely "GH 63" located at Sector-63, Gurugram under section 4 oI
the Real Estate [Regulations and Development) Act,201.6 vide centralreceipt no. 18015/40143 dated
29.08.2022 and RPIN-498. The Temp I.D. of REP - I (Part A-HJ is RERA -GRG-PROJ-1138-2022. 'l'he
project area for registration is same as that of the licensed area i.e., 25.087 acres vide License no - 1 2.1
of 2012 dated 20.12.2022. The application for registration was scrutinized and 1st deficiency notice
vide notice no. HAREM/GGM/RPIN/498 dated 07.09.2022 was issued to the promoter with an
opportunity of being heard on 79 .09.2022.
On 19.09.2022, Sh. J.S. Sindhu, Executive Engineer (Monitoring) and Ms. Asha (Chartered AccoLrrttant)
briefed the facts ofthe case.
Sh. Anish Dham (AVP) and Sh. Sidharth Gandhi (AVP) are present on behalf of the promoter.
Deficiencies have already been communicated. Promoter is advised to rectiff the deficiencies and
submit deficient documents, as detailed above. Deficit fee, if any be also paid before the next date of
hearing along with proof of having deposited the deficit fee. However, the AR has submitted a copy of
circular issued by interim HRERA bearing Memo No. 1049, dated 15.09.2017 vide which a clarification
has been issued to M/s NAREDCO Haryana that a promoter may register his license (unlaunched)
projects any time in future before advertising, marketing or sale of the real estate project and seeks a
liberty to file representation in this regard. The applicant promoter may submit the representation
within 2 weeks and same shall be got examined by the Authority by taking a legal opinion from Addl.
AG, Haryana. The matter to come up on 10J.0202L
The promoter submitted the reply on 16.09.2022 which was scrutinized and the rentaining
deficiencies were conveyed to the promoter,
The promoter also submitted a reply on 07.10.2022 in which they have submitted a legal
representation regarding the deficit fee.
On 10.10.2O22, The hearing was adjourned due to paucity of time. The matter was fixed lor
L7.10.2022.
On17.10.2022, Sh. Ashish Kush, Planning Executive briefed about the facts of the case. Sh. Anish
Dham (AVP), Sh. Sidharth Gandhi (AVP) and Sh. Nishith Jain (Sr. Manager) are present on behalf of the
promoter. Deficiencies have already been communicated. Promoter is advised to rectify the
deficiencies and submit deficient documents, as detailed above. During the hearing dated 19.09.2022
it was submitted that copy of circular issued by interim HRERA bearing Memo No, 1049, dated
15.09.2077 vide which a clarification has been issued to M/s NAREDCO Haryana that a promoter may
register his license [unlaunched) projects any time in future before advertising, marketing or sale ol
the real estate project and seeks a liberty to file representation in this regard. The promoter has
submitted the detailed representation in this regard which be sent to the A.G. Haryana for taking legal
opinion. The matter was fixed for [Link].2022.
As per the directions of the Authority the representation of the Authority was sent to the A.G Haryana
for the legal opinion. The legal opinion is yet to be receive in the Authority. Accordingly, thc nratter
may be adjourned to 28.7L.2022.
[Link].2022,The Iegal opinion was yet to be received in the Authority. Accordingly, the matter was
adjourned to 28.11.2022.
Emall: hareragurugrarn@)gmail,com, reragurugram@[Link], Webslte: [Link]
An Authority constiiutedunder section 20 the Real Estate (Regulation and Development) Act, 20 16
Act No. 16 of 2016 Passed by the Parliament
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Proiect - The Sixty Thiee
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The promoter submitted a reply on 14.11,.2022 which was scrutinized and the remaining deficiencies
were conveyed to the promoter.
On28,L1-,2022,The authorized representative of the promoter was advised to recti$r the deficiencies
and submit the deficit fee (if any) along with the deficit documents apart from filing information in
REP-l A to H format and online detailed project information. Matter was fixed for 72.72.2022.
On 12.12.2022, the matter was adjourned and fixed for 26.L2.2022.
The legal opinion is yet to be receive in the Authority.
On 26,12,2022 the AR of the promoter was directed to remove the deficiencies and the matter was
adjourned to 09.01.2023.
On 04.01.2O23,a legal opinion is received form A.G Haryana through email regardingthe applicability
of the late f,ee on the above said project.
As per the legal opinion received from A.G Haryana, the objection raised by the authority is not
sustainable in view of the legal position summarized in para 25 because it is not possible to say that
as on 01.05.2077, promoter was in a position to start development of project because the building
plans were not prepared what to talk of sanctioned, Equally speaking, even without requisite
permissions as provided in section aQ) of Act of 2016, the authority was not in a position to grant
registration. There arises no occasion to ask for late fees for late registration ofthe project because as
on 01.05.2077, the project of promoter/ applicant could not have been categorised as "ongoing"
because with only license for developing group housing colony without even a building plan, the
applicant could not have start developing the proposed real estate project.
'l'he promoter submitted a reply on 06.01.2023 which was scrutinized and it was found that the
prornoter requested to update the project name from "GH63 to The Sixty Three". The promoter also
stated that they have revised their scheme and submit the revised zoning plan and building plans
approval committee has in-principally approved in its meeting dated 03.0L.2023. The promoter also
stated that they will submit the demand draft for additional registration fee on account of their revised
scheme, as applicable.
It is also requested that authority may grant registration subject to three months for submission of
revised approvals which are required after the revision of the building plans and shall the bank
guarantees on account ofthe same.
On 09.01.2023, the matter was adjourned and fixed for 16.01..2023.
On 16.01.2023, the matter was adjourned and fixed for 23.01.2023.
The promoter submitted the reply on L9.01.2023 and 23.07.2023 which were scrutinized and the
status of the documents are mentioned below.
After scrutiny of the reply, it was found that the building plans got revised vide memo no. ZP-
1524lAD(RA)/2023/2097 dated 20.07.2023. As wellthe promoter submitted a DD of Rs 83,50,000/-
vidc no. 527578 dated 06.07.2023.
'l'he pronroter shall submit the revised environment clearance, revised service plan and
estimates and revised fire scheme approval as the building plans ae revised.
As per the revised building plans the fee is calculated and mentioned above.
Present compliance Deficit Fee - Rs 1,24,88,833/-
status as on 23.0L.2023 Status: As per legal opinion received dated 04.01.2023, the late
of the deficiencies fee of Rs 1,24,72,140/- is not applicable. However, Rs 16,693
Email: hareragurugram@[Link], reragurugram@[Link], Webslte: [Link]
An Authority constituted under section 20 the Real Estate (Regulation and Development) Act, 2016
Act No. 16 of 2016 Passed by the Parliament
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HARER.
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Proiect - The Sixty Three
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conveyed in the last is deficit. The promoter submitted a DD of Rs 83,50,000/- vide
hearing dated no, 521578 dated 06.01.2023. As per revised building plans
L6.0t.2023. and after the deficit Fee comes out to be Rs 32,723/- - Submitted
considering revised vide ref. no.0587069310 dated 23.0L.2023 amounting Rs
building plan. 10,000/- and vide ref. no 302311100227 dated
23.01.2023 amounting Rs 25,000/-
2. The annexures in the online application are not uploade,cl as
well as the correction needs to be done in thc onlrrrc (A ll)
application.
Status: Not Submitted.
3. Online DPI needs to be corrected,
Status: Not Submitted.
4. Approval NOCs from the various agencies for connecting
externalservices like roads needs to be submitted.
Status: Not Submitted.
5. Revised Environment Clearance needs to be submitted.
Status: Not Submitted.
6. Revised Service plan and estimates needs to be submitted,
Status: Not Submitted.
7 . Fire Scheme Approval - applied and copy of approval needs to
be submitted.
Status: Applied on 27.07.2022, receipt attached.
L NOC for Forest Land diversion needs to be submitted.
Status: Affi davit for non-applicability submi tted.
9. NOC for Powerline shifting needs to be submitted,
Status: Affidavit for non-applicability submi tted.
10. Non-default certificate has not been provided.
Status: Not Submitted.
11. Affidavit by the promoter, keeping in view the provisions of
section 4t2xl)(D) of the Real Estate (Regulation &
Development) Act, 20L6, needs to be submitted.
Status: Not Submitted.
1,2. CA Certificate for expenditure incurred up to the date o[
registration needs to be submitted.
Status: Not Submitted.
13. CA Certificate for financial & inventory details needs to be
submitted.
Status: Not Submitted.
22. Remarks 1. The annexures in the online application are not uploaded as
well as the correction needs to be done in the online (A-ll)
application.
2. 0nline DPI needs to be corrected.
3. Approval NOCs from the various agencies for connecting
external services like roads needs to be submitted.
4. Revised Environment Clearance needs to be submitted- The
promoter has submitted a BG vide no
0007NDL0100135423 dated 20.0L.2023 amounting Rs 25
Iakhs as a security amount to submit the approval within
Emall: hareragurugram@[Link], reragurugram@[Link], Website: [Link]
An Authority constituted under section 20 the Real Estate (Regulation and Development) Act, 20 16
Act No. 16 of 2016 Passed by the Parliament
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HARERE,
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Proiect - The Sixty Three
RERA-GRG-L138.2022
6 months from the date of issuance of registration
certificate.
5, Revised Service plan and estimates needs submitted-
The promoter has submitted vide no a
0007NDL0100135623 dated 20.01.2023 amounting Rs 25
lakhs as a security amount to submit the approval within
6 months from the date of issuance of registration
certificate.
6. Fire Scheme Approval - applied and copy of approval needs to
be submitted - The promoter has submitted a BG vide no
0007NDL0IO0L35723 dated 20.01.2023 amounting Rs 25
lakhs as a security amount to submit the approval within
6 months from the date of issuance of registration
certificate.
7. Non-default certificate has not been provided.
B. Affidavit by the promoter, keeping in view the provisions of
section 4(2Xl)(D) of the Real Estate (Regulation &
Development) Act, 2016, needs to be submitted.
9.
CA Certificate for expenditure incurred up to the date of
registration needs to be submitted.
10. CA Certificate for financial & inventory details needs to be
submitted.
Recommendations: The application submitted by the promoter for registration of real estate project under
section 4 of the Act of 2016 as per details given above is complete and all the requisite documents as required
u/s 4 of Act of 2016 and Haryana Rules, 2077 have been submitted and found to be in order except the
corrections in online DPI, corrections in online (A-H) form, Revised Environment Clearance, Revised Fire
Scheme approval and Revised service plan & estimates and other mentioned above.
So far, as the late fee is concerned, the matter was referred to the Advocate General Haryana for opinion. The
legal opinion has now been received from Advocate General, Haryana vide email dated 04.01.2023 and hard
copy (signed) received on 06.01.2023, it has been opined as under:
"As per legol opinion it that as on 0L.05.2017 the applicant was only having
is submitted,
the license under L975 Act and even the building plans of the project were not prepared. These
were got prepared and submitted for approval on 29.71.2027 which were opproved by the DTCP
on 28.04.2022. Thereafter, other clearances such as environment clearance, service plan &
estimates, height clearance were taken in 2022 itself. Subsequently, the applicant applied for
registration of the project by submitting an application u/s 4 of the Act of 2016 for grant of
registration of the proposed Real Estate Project, however an objection was raised by the authority
pointing out that there is deficiency in the fees deposited by the applicant and it is liable to pay
late fees because the project of the applicant was an "ongoing project" as on 07.05.2017."
"ln the opinion of undersigned, the objection raised by the authority is not sustainable in
view of the legol position summarized in para 25 because it is not possible to say that as on
01.05.2017, promoter was in a position to stort development of project because the building plans
were not prepored what to talk of sanctioned. Equally speaking even without requisite
permissions as provided in section 4(2) of Act of 2016, the authority was not in a position to grant
Email : hareraguru gram@gmail. com, reraguru gram@gmail. com, Webslte : [Link]
An Authority constituted under section 20 the Real Estate (Regulation and Development) Act, 2016
Act No. 16 of 2016 Passed by the Padiament
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Proiect - The Sixty Three
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registration. There arises no occasion to ask for late fees for late registration of the project
because as on 07.05.201-7, the project of promoter/applicant could not have been categorized as
"ongoing" because with only license for developing group housing colony without even a building
plan, the applicant could nothave start developing the proposed real estate proiect. "
The promoter submitted the bank guarantee vide no. 0007NDL0100135423 dated 2O.0L.2023,
O007NDL0100135623 dated 20.01.2023, 0007NDL0100135723 dated 20.01.2023 amounting Rs 25
Iakhs each for submission of revised environment clearance, revised service plan & estimate and fire
scheme approval within 6 months from the date of issuance of registration certificate.
It is recommended that the Authority may consider the grant of registration subject to the submission ol
above
@l'tL-
Chartered ^W
Accountana \8[
Sume-et
Ashish Kush
Planning Executive
Planning Coordinator
Day and Date of hearing Monday and23.01.2023
Proceeding recorded by Ram Niwas
PROCEEDINGS OF THE DAY
Proceedings dated: 23.07.2023.
Sh. Ashish Kush, Planning Executive briefed about the facts of the case.
Sh. Anish Dham (A.V.P), Sh. Siddharth Gandhi, Sh. Nishith Jain and Sh. Abhinav Sarwan are present on behalf
of the promoter.
As per the legal opinion received from Ld. Advocate General, Haryana the late fees for registration ol proiect
has not been charged. However, in case any liability/demand on this account occurs in future, the applicant
promoter shall be liable to pay the same on demand.
I
Approved as proposed.
L
M
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e4!dr, HARERA, Gurugram
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Member, HAR\A, Gurugram
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(Viiay Kumar Goyal)
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(Dr. K.K. Khandelwal)
. Member, HARERA, Gurugram Chairman, HARERA, Gurugra _l
Emall: hareragurugram@[Link], reragurugram@[Link], Website: [Link]
An Authority constiiuted unde-r section 20 the Real Estate (Rggulation and Development) Act, 20 16
Act No. 16 of 2016 Passed by the Parliament
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