In a big relief for around 1,500 homebuyers of the Mahira Sector 68 project, Gurugram, the Department of Town and Country Planning (DTCP) on September 5 restored the license of the developer and asked it to complete the affordable housing project within six months.
The move comes weeks after some of the homebuyers met Arun Kumar Gupta, Principal Secretary to Govt of Haryana, Town & Country Planning and Urban Estates Department on August 18, to apprise him of their problems.
The order was issued by Gupta who also directed the District Town Planner (Planning) Gurugram to monitor the project.
“It may be true that the developer may have committed certain forgery and/or irregularities in the document submitted for obtaining a license but it is settled legal proposition that the allottees cannot be penalised for no fault of theirs,” reads the order. The order noted that the interest of allottees has to be protected in all eventualities.
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The order said that if the DTCP takes over the project, it would be unjust enrichment of the developer as it had collected money from the allottees and the developer cannot be relieved of its obligation to complete the project and hand over possession to the allottees.
The order also noted that taking over the project under Rule 19 appeared impractical in this case as the allottees are required to pay only a meager amount as they have already made most of the payment to the builder. “It is also informed by the allottees that about 80 percent of the project is complete, and therefore the risk of Rule 19 (7) of the Rules, 1976 would defeat the rights of the allottees,” said the order.
Some 1,500 buyers were fighting to get their dream homes since May 17 when DTCP cancelled the project’s licence, alleging that Mahira Infratech had submitted fabricated bank guarantees and forged signatures of bank officials.
Homebuyers expressed happiness over the restoration of the license that paved the way for the delivery of their homes.
“It’s a good decision in favour of the homebuyers and restores faith in the Haryana government and PM Awas Yojana. We request the builder to complete the project within the said period. We also request DTP/STP Gurugram to ask the developer to resume construction at the earliest and also monitor the project’s progress,” said Dhruv Kapoor, one of the homebuyers.
It may be recalled that DTCP Chandigarh on July 21 withdrew an order blacklisting two arms of the Mahira group — Mahira Buildtech and Czar Buildwell. Both firms had been blacklisted and their project licences cancelled by the department on May 17.
Mahira Infratech, Mahira Buildtech, Mahira Homes, Czar Buildwell, and Sai Aaina Farms are all part of Mahira Group.
While Czar Buildwell is the builder for sectors 95, 63A, and 104 projects, Mahira Infratech (erstwhile Sai Aaina Farms) is the developer of the Sector 68 project and Mahira Buildtech is developing the project located in Sector 103.
