Gurgaon: DTCP cancels developer’s licence, homebuyers protest outside its office

Days after the Department of Town and Country Planning (DTCP) cancelled the licence of Mahira Infratech Private Limited (formerly known as Sai Aaina Farms Pvt Ltd) for the development of an affordable housing colony in Sector 68, citing ‘grave violations’ by the developer, homebuyers protested outside the DTCP’s office in Gurgaon Friday.

Demanding a concrete action plan from the DTCP, homebuyers asked the officials to share a timeline of the takeover of the project for the completion of construction, and a plan of action for the handover of their apartments with the completion of all work. After the sudden announcement of cancellation of the licence, buyers said they were left in the lurch.

On May 9, the DTCP said the licence has been cancelled on account of “committed grave violations by the developer company regarding the approach to the licenced land, forged and fabricated bank guarantees and also forged signatures on collaboration agreements submitted at the time of grant of licence”. The department has also written to Haryana Real Estate Regulatory Authority (HRERA) to freeze the account of the company, wherein 70% amount collected from the allottees is deposited. An fir has been registered against the developer and its senior officials at Badshahpur police station.

Dhruv Kapoor, an investor in the project, said, “Our main demand is that the department should start the process of takeover at the earliest and complete the construction, so that we can get possession as soon as possible. We have paid all the money and just three months before we were supposed to get possession, the licence of the developer has been cancelled. Earlier, the authorities had withheld facts regarding the halting of construction, and sale and transfer of flats from home buyers in 2020. We continued to pay the money when construction was stopped. Had we known construction had been stopped, we would have withheld the money.”
Home buyers said the officials of the town and country planning department had assured them that they will share an action plan regarding the proposed takeover of the project with allottees within 15 days.

“It has been more than four years and we have not received possession of the flat, despite paying money. With cancellation of licence, more than 1,480 home buyers are now stuck. How was the licence granted in the first place if the documents were forged?” asked another home buyer, requesting anonymity.

In 2017, Sai Aaina Farms Pvt Limited was granted the licence for setting up an affordable housing society over an area of 9.96875 acres at Sector 68. In March 2020, the company was restrained from undertaking any further construction or development works at the site and from transferring the licence property by way of sale deed or otherwise. The project was expected to be completed this year. More than 1,500 flats were supposed to be constructed in 12 towers, out of which six to seven have been built, said buyers.

The department of town and country planning said that action is being taken in the matter, and they have already got the land transferred in the revenue record in the name of the department. “As per the law, the department can take over such projects if the licence is cancelled. We have already initiated this process and as per law, the buyers have been asked to submit details of the payments made. We will estimate the remaining work and get it completed through a third party. In case, there is a shortfall of money, then an asset owned by the developer will be monetised,” said Sanjeev Mann, senior town planner, Gurgaon.

R S Bhath, district town planner, enforcement, Gurgaon, said, “In 15 days, we will share an action-oriented plan with the home buyers.”