Relief for homebuyers as DTCP restores Mahira project licence

The department of town and country planning on Monday restored the license of sector 68 project of Mahira Infratech Pvt Ltd, which was cancelled on May 9 for various irregularities. The order issued by principal secretary, town and country planning department on Monday restored the license and directed Mahira Developers to complete the project in next six months, and handover the possession of flats to buyers.

The order issued by Arun Kumar Gupta, principal secretary, DTCP said, “The end of justice would be met if impugned order is set aside to the extent of cancellation of licence and direction for taking over the licenced project under rule 19 of the Rules, 1976. Further developer is directed to complete the project within six months from today and handover possession to the allottees.”

Around 1500 home buyers in the sector 68 project hailed the decision and said that the developer should now be asked to the complete the project at the earliest.

It me noted that on May 9, the department had cancelled the license of sector 68 project granted to Mahira Infratech Pvt Ltd (formerly known as Sai Aaina Farms Pvt Ltd) citing violations by the developer such as submitting forged documents and fake Bank guarantees. The department later also blacklisted four other projects of the developer for irregularities.

Following the action by the department, the developer appealed to the principal secretary, DTCP and after several hearing agreed to take corrective measures and also mortgaged plots to the department as a security.

Following this, the department withdrew the blacklisting order on July 21 after hearing the appeal and on September 5, the license of the sector 68 project was restored.

The order further said,” It may be true that the developer may have committed certain forgery and/or irregularities in document submitted for obtaining licence but it is settled legal proposition that the allottees cannot be penalized for no fault of their and DTCP is always at liberty to take appropriate legal action against the developer for committing such irregularities/forgeries, if any, but the interest of the allottees has to be protected in all eventuality,”

Another reason given for restoring the license, the order said was to ensure the project was completed as otherwise it would enrich the developer as he had collected money from allottees but was relieved of obligation to complete the project. It also said that taking over the project by DTCP would be impractical due to shortage of funds.