In May 2022, the Department of Town and Country Planning (DTCP), Haryana had cancelled the licence granted to Mahira Infratech Private Limited (formerly known as Sai Aaina Farms Pvt Ltd) for development of an affordable housing colony in Sector 68, citing “grave violations” by the developer. (Mahirahomes/website screen grab)In a relief to home-buyers, the Haryana government on Monday restored the licence of Mahira Infratech Private Limited and directed the developer to complete its affordable housing project in Gurgaon’s Sector 68 within six months and hand over possession to the allottees.
In May 2022, the Department of Town and Country Planning (DTCP), Haryana had cancelled the licence granted to Mahira Infratech Private Limited (formerly known as Sai Aaina Farms Pvt Ltd) for development of an affordable housing colony in Sector 68, citing “grave violations” by the developer. The DTCP had blacklisted the developer, its directors and other stakeholders for allegedly submitting forged and fabricated bank guarantees and forged signatures on collaboration agreements at the time of obtaining licence for the project. Sai Aaina Farms Pvt Limited was granted the licence for setting up an affordable housing society over an area of 9.96875 acres in Sector 68, Gurgaon in 2017.
In an order on Monday, Principal Secretary to the Government of Haryana, Town and Country Planning Department, Arun Kumar Gupta, 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.”
Observing that the interest of allottees has to be protected, the order 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…”
The order said that another reason for directing the developer to complete the project was that “as otherwise, it would have been unjust enrichment to the developer as he had collected moneys from allottee, he was relieved of obligation to complete the project and handing over the possession to the allottees.”
It added that taking over the project in the present case under Rule 19 of Haryana Development and Regulation of Urban Areas Rules, 1976 appeared to be impracticable as the allottees were required to pay only a meagre amount and “consequently, the DTCP would be short of funds to execute the project”.