This directive follows the regulator’s observation of widespread non-compliance by promoters, raising serious concerns about transparency and accountability within the real estate sector.

During a recent review meeting, HRera highlighted that numerous promoters had failed to submit these mandatory reports, despite being issued repeated reminders.

Consequently, the authority has begun issuing show-cause notices to defaulting promoters. These notices stipulate a strict deadline for compliance and warn that failure to adhere will result in substantial financial penalties.

In its official order, HRera stressed that failing to file annual reports constitutes a significant breach of the Real Estate (Regulation and Development) Act, 2016 (RERA Act).

Promoters who do not comply within 30 days of receiving the notice will face an initial penalty of ₹5 lakh. Additionally, for non-compliance extending beyond 60 days, an incremental penalty of ₹10,000 per day will be imposed.

The submission of annual reports is a vital obligation under Section 4(2)(l)(d) of the RERA Act. Promoters are required to ensure their project accounts are audited by a certified chartered accountant within six months after the conclusion of each financial year.

This audit must confirm that funds collected for a project are used solely for its intended purpose and that withdrawals correspond accurately to the project’s progress.

HRera has further cautioned that any promoter who provides false information or violates the provisions of Section 4 may face penalties of up to 5% of the estimated project cost, as outlined in Section 60 of the Act.

This measure underscores the critical importance of upholding financial integrity in real estate projects.
The regulator has reiterated that these steps are designed to enhance transparency and accountability within the industry.

Promoters are strongly urged to comply with these statutory requirements promptly to avoid facing severe financial and legal consequences.

HRera’s strict stance reflects its dedication to protecting homebuyers’ interests and ensuring that project funds are managed responsibly. Through these actions, the authority aims to reinforce trust and ethical practices in the real estate sector.

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These properties are held in the names of Moonlight Propbuild Pvt Ltd and Elco Global Ventures LLP and have been attached under the provisions of the Prevention of Money Laundering Act (PMLA), 2002, in connection with a fraud case involving Hacienda Projects Private Limited, its Promoters, Directors, and others.

The ED investigation began following directives from the Allahabad High Court and after several FIRs were filed by the Economic Offences Wing (EOW) in New Delhi against Hacienda Projects Pvt Ltd (HPPL), its Promoters, Directors, officials, and others.

The allegations include diverting and misusing investors’ funds, primarily collected from home buyers, who were eventually left without the promised flats.

During the investigation, it was revealed that the Lotus 300 project in Sector 107, Noida, launched by HPPL on a land parcel measuring 67,941.45 square meters in 2010-2011, involved Builder Buyer Agreements with customers.

However, a portion of this land, measuring 27,941.45 square meters and valued at Rs 236 crore, was sold to Prateek Infraprojects Pvt Ltd in violation of the original Builder Buyer Agreement conditions.

Further inquiries revealed that approximately Rs 190 crore from the project funds was diverted to its group company, Three C Universal Developers Pvt Ltd.

The misappropriation of funds resulted in a severe shortage of resources to complete the project, eventually leading to the insolvency of HPPL.

This left investors without their flats, while dues owed to the NOIDA Authority remained unpaid by the company. Searches were conducted from September 17 to 20 at various locations associated with the Directors and Promoters of the Three C Group, leading to the recovery of Proceeds of Crime (POC) amounting to Rs 42 crore in cash, diamonds, jewelry, incriminating documents, and digital devices.

The investigation further revealed that the funds diverted to Three C Universal Developers Pvt Ltd were primarily advanced as unsecured loans to other group companies, including Moonlight Propbuild Pvt Ltd and M/s Elco Global Ventures LLP.

These funds were utilized to acquire properties in Punjab, funded by investors’ money siphoned from HPPL and layered through various companies within the Three C Group before being converted into immovable assets. The ED continues to investigate the matter in depth.

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However, despite issuing these warrants, police have yet to act, prompting H-RERA to approach the Punjab and Haryana High Court for intervention. The regulator has also initiated contempt of court proceedings against the police in three cases due to their inaction.

Rajender Kumar, H-RERA’s adjudicating officer, stated that the arrest warrants were issued between February and September after developers repeatedly ignored directives.

“The lack of police enforcement has only aggravated the distress of homebuyers,” said Kumar. “We have referred the matter to the High Court, yet the police have not taken action. Thousands of homebuyers continue to suffer as a result.”

When questioned about the situation, DCP Headquarters Arpit Jain told TOI, “As of now, we have not received any such notice from the court. If we receive an order, we will act as per the directions of the honorable court.”

Ritika Singh, a homebuyer who has been waiting for her flat for over five years, expressed her frustration with the redressal system. Despite the government’s appointment of a regulator, she feels it is failing homebuyers.

“I invested all my savings in this flat, but the builder has delayed possession multiple times. H-RERA ordered compensation, but I haven’t received a single rupee,” she lamented.

Similarly, Ajay Mehra, another homebuyer, shared that he was supposed to move into his apartment in 2018. “It’s 2024, and I’m still waiting. I’ve lost trust in the process. We’ve done everything we could, but the developers keep evading accountability,” he said.

Ankit Sharma, another buyer impacted by the delays, voiced his disappointment: “We expect the law to protect us, but when even a government authority takes action and it’s still not enough, what’s the point?”

H-RERA officials hope that moving the matter to the High Court will create a renewed sense of urgency, pushing developers to comply.

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The official further stated that the promoter received a show-cause notice from the government after it took serious notice of the advertisement that was published in an English daily on March 2.

In a formal statement, the authority noted that the promoter had failed to properly describe the details in the advertisement, in violation of Section 61 of the Real Estate (Regulation and Development) Act of 2016, despite mandatory provisions under Sections 11(2) and 13(1) of the Act.

“It is undeniably true that the promoter, Countrywide Promoters Pvt Ltd, published a deceptive advertisement in an attempt to prevent potential allottees from making an informed decision. Accordingly, under Section 61 of the Act 2016, the Authority today imposes a penalty in the sum of Rs 50 lakh,” the judgment stated.

One full page of the advertisement features a picture of a garden/park called Garden of Dreams, but the other page features an image of a club that isn’t related to the project.

“However, the remaining portion of the advertisement highlights features like a squash court, a cutting-edge club house, a covered pool and spa, an outdoor library, revitalizing sculpted rocks, a coffee lounge counter, and other amenities that are obviously not included in the project. All of it is deceptive,” the directive stated.

Under the Deen Dayal Jan Awas Yojna Affordable planned Housing Policy 2016, Countrywide Promoters Private Limited is building Green Oaks, an affordable planned colony in Sector 70-A, Gurugram. In 2021, the developer registered the project with RERA.

It is quite evident that the promoter has released a deceptive advertisement for a DDJAY planned colony, using seductive imagery to give the impression that the project includes a clubhouse and other amenities that are not actually included.

“Section 7(1)(A)(i) is violated in this case. The order stated that “no specifics, data, or illustrations of the project’s actual layout or site plan have been provided to enable the potential allottee to decide upon investing in the project.”
HRERA further stated that the promoter was unable to have the registration details updated in accordance with the new style.

The project began in 2021, and in 2023 the layout plan underwent revisions.

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The project’s revenue potential is estimated to be around Rs 2,500 crore.

In Kurukshetra, the company recently purchased approximately 62 acres of land outright. This project will provide approximately 1.4 million sq. ft. of residential development plotted.

It also formed a partnership with Neelkamal Realtors Tower (NRTPL) to develop property in Byculla Division, Mumbai, at Cadastral Survey No. 1906. The project is being created by the company through a special purpose vehicle, Godrej Residency (GRPL), in which the company will hold 50.01% and NRTPL will hold the remaining 49.99%.

It previously signed an agreement to develop 14.27 acres of land in Gurugram. The proposed development will primarily consist of premium residential apartments and has an estimated revenue potential of Rs 3,000 crore.

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Officials promised that random inspections of building plans and actual constructions would occur and that if violations occurred, the architect in question would be held accountable and even blacklisted. However, at any given time, the checks would be limited to only 10% of the sites.

The current procedure for obtaining an оc is time-consuming and tedious.
Architects must now submit DTCP applications for the buildings they intend to design. A team visits the house and inspects whether the construction complies with the Haryana Building Code, 2017 after the documents have been scrutinized at multiple levels. The оc is only granted after the DTCP team has approved it. The process might take weeks or months to finish.

Allowing architects to grant OCs, according to TL Satyaprakash, director-general of DTCP, will expedite the entire process. In the signed order, he wrote, “It has been made the decision that the architect will be the authority responsible for issuance of occupation certificate in conformity with Haryana Building Code 2017 under self-certification policy.”

It also established the standard procedure that architects must follow prior to receiving the certificate. “First, the building owner must make a request to the architect in accordance with HBC 2017.” “The architect should document all such applications.” Second, the architect must notify the department in writing that he has not received a show cause notice and is not on any government agency’s blacklist.”

According to the order, the architects must thoroughly examine all documents, including the approved building plan, any deviations noted on it, photos of the front and back areas, internal finishing, and the structural ability certificate. Under the self-certification policy, the architect may grant the OC if the building is “complete in all respects.”

After receiving all of the required documents, the architects will have eight days to grant the OC. They will have three days after receiving the OCs to submit copies of the certificate and all other records to the DTCP.

Satyaprakash’s order acknowledged that architects might violate their “professional ethics” by granting the certificates. “As a result, each district’s DTP (district town planner) will be required to examine 10% of the OCs obtained from architects.”

Architects may lose their licenses and be blacklisted if violations are discovered after the OCs have been granted. “The department may also suggest to the registrar’s office that such architects’ floors/buildings not be enrolled.”

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UP-RERA Legal Advisor and Nodal Officer Anand Shukla expressed appreciation for the Lok Adalat’s organization, saying, “The National Lok Adalat was held for the first time in Uttar Pradesh RERA and received an enormously good reaction from the people. “We eagerly anticipate the next National Lok Adalat, which will take place on September 10, 2021.”

The following sorts of cases were sent to Lok Adalat for disposal:

1. 49 complaints have been submitted before the Bench under Section 31 of the RERA Act, with the possibility of mutual agreement or an application for an agreement made by a party. 43 of these were discarded.
2. There have been 29 complaints filed under Section 31 of the RERA Act in which a conciliation agreement is possible, or an application for the agreement has been filed by a party, or settlement is possible on the basis of the reconciliation agreement, or an application for the agreement has been filed by a party, of which 27 have been disposed of.
3. The Conciliation Agreement can be used to settle 13 execution proceedings under the RERA Act and outstanding suits under Section 63, of which 9 have already been resolved.

The National Lok Adalat was inaugurated by UP-RERA members Kalpana Misra and Bhanu Pratap Singh, secretary Rajesh Kumar Tyagi, Lok Adalat nodal officer and Legal Advisor Anand Shukla, as well as other top officers and staff members of the Authority.

National Lok Adalats were also held in all districts of Uttar Pradesh, and more than 11 lakh complaints relating to various state government offices were resolved in a single day.

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For the execution of the property, a policy has been framed under which the tenant will have to pay less than the present collector rate to get the ownership right, an official statement said.

The person should have completed 20 years of being in possession of the property as of December 31, 2020 to avail the scheme, according to a policy.

He also said that for this, a scheme, which will be applicable for urban areas, will be notified on Monday.

“Once the eligible people apply, they will be given relaxation in collector rate—if they are in possession of the property for more than 50 years, they will get a rebate of 50 per cent on collector rate,” he said.

The chief minister said after applying under the scheme, the applicant will have to deposit 25 per cent of the collector rate charge within 15 days and the remaining 75 per cent in the next 45 days.

“Once full payment is made and subject to fulfilment of all laid down conditions, the ownership of the property, which is the house/shop, will be transferred in their name,” The Chief Minister said.

The Chief Minister said if the municipality has rented or leased any land or building to one or more occupiers, the amount will have to be paid as per the fixed floor-wise formula.

The chief minister said that the state government has restructured and redesignated the Command Area Development Authority (CADA) as Micro Irrigation and Command Area Development Authority (MICADA).

This has been done to promote micro-irrigation and for effective implementation of the works pertaining to canals, he said.

The main objective of MICADA is to ensure maximum use of available water in irrigation and an amount of ₹3,700 crore will be spent on pavement of canals, Khattar said.

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