“The director, town and country planning, is directed to proceed against the developer as per provisions of the Act 1975, especially as contained in Sections 8 and 10 of the Act 1975,” according to the order passed by A K Singh, principal secretary, department of town and country planning, Haryana.
Section 8 of the Haryana Development and Regulation of Urban Areas Act, 1975 provides for cancellation of licence and attachment of property and Section-10 provides provisions of penal action against developers.
The principal secretary passed these orders while disposing of an appeal filed by the complainant, MVN Infrastructure Pvt Ltd.The counsel appearing for the appellant company, MVN Infrastructure Pvt Ltd argued that the developers of Brahma City Gurugram have blatantly violated the terms and conditions of the licence given to them by the state government, as they have sold the same plot multiple times.
It was stated that in order to avoid its obligation toward different entities, including appellant, the company has instituted proceedings under the insolvency and bankruptcy code 2016 to introduce some third person and prepare grounds for further sale of plots.
It was submitted that the plots/land has been sold by the licencee through various other companies and the licencee has not even deposited EDC amount to the government.
The appellant also submitted that the Gurugram firm had not even renewed its licence. According to the appellant company, they had to approach the principal secretary, town and country planning department because the director of the department had not considered facts and had not taken appropriate action against the erring builder.
The licence was granted to Krrish Buildtech Pvt Ltd (now Brahma City) in 2010 for developing a township on around 147 acres in Sector-60-65 in Gurugram. The developers of the company are also facing several FIRs with regard to the irregularities and cheating. A Central Bureau of Investigation probe is also pending in relation to the developers.
It was submitted that the plots/land has been sold by the licencee through various other companies