Tuesday, September 18, 2012

ERA Landmarks SECTOR-86 Gurgaon!!

How do any one rely on the company that says that the License it had for its project for 12.84 acres  ( License No.-48) in the name of Resolve estate Pvt Ltd (LC-1507 A) Dated- 19/05/2011, and which company/colonizer started the sale of the said project in August,2010, has sold part of the licence & land to Ansals Ltd and now has applied anew and received Licence No. 100 for 5.12 Acres on 7/09/2012. That the colonizer would start demarcating the area and from Oct 2012 to Dec-2012 it would start the allotment process of the same. Further it says that the sold apartments in this project are approx 400 only. Pls see below some of the comments that are being made by the people who have bought homes in this project.

Just spoke to Hardeep Singh (He is one of the member who went to Builder's office on Saturday). Following is what I concluded after speaking to Hardeep-

1. Part of land and license is sold to Ansals. Era still has 11 acres of land (out of original 27 acres of land) to build the project.
2. 11 acre land demarcation will be done in next 10 days.
3. 375 units of this project are sold to prospective buyers.
4. By Oct 15th, buyers can go to their office to see the license copy.
5. By December 2012, unit allocation will start.

This is really good news and hoping to see land demarcation done in next 10 days time.

Further another comment by another customer who has also spoken to Mr Hardeep Singh who was a member of the group of customers who had gone to Era office to clarify the status of the project that they have all bought into.

Thanks to Hardeep Singh and all other friend who meet ERA personal.

I talked to Mr.Hardeep few minutes back and his input is that meeting was really positive and very soon we will see activity on the site as ERA got their licence extension.

He told that:
1) Era is going to do Demarcation in september end, that any body can check.
2)Licence documents can be easily seen by any person after 15 october 2012.
3)Allotment is going to be done in december 2012.

He said that the confidence shown by ERA higher management was a clear indication that every thing in sorted and hopefully project is going to be started very soon. 

So its a good news guys, hold your units and ready for the fruit of patience.

The Fact is that the Company/colonizer, had in 2008 through its brochure said:-

That the company was awaiting Licence for the project of 11.94 Acres in this very sector. its is important to note that since 2008 the company took 3 short years to finally get licence and if what the customers are saying is true, sold it to Ansal within a long period of 4 to 5 months of obtaining it. Classical case of ERA MANTRA.

There are many questions than answers this new equation throws at the customers;-
1) if indeed Era Landmarks has 27 Acres in this track called sector-86 Gurgaon, Has any body seen the land titles in favor of Era or any of its subsidiary companies?
2) what if Era did have only 12.84 acres out of which it has sold 11 odd acres to Ansal and now with additional 5.12 acres and the remaining 1 odd acre would construct & develop a Group Housing? With Era anything is possible!
3) Era indeed has 27 Acres and gave 12.84 acres with licence to Ansal. than the question is when since long Era had 27 Acres why it did not apply and receive licence for it? what was it waiting for? Above all why has it applied and received additional License for only 5.12 Acres, when the total area under its title is 15 acres that is left after selling part of the project to Ansal? Why is the colonizer applying for licence in parts? what would it gain by doing so, more over its an unwarranted exercise to apply again and again?
4) Where is this 5.12 Acres situated? Behind Ansal & behind DLF New Towne Heights, if that is right than what about the customers who were shown the main sector road to book flats?
5) Can 6 Acres accommodate the 400 odd flats it has already sold? Maybe yes, if all flats sold are under 1150 sq ft, it definitely can. Actually 1143 sq ft of built up area can be built on 5.12 Acres, for each 400 flats. So it could very well construct on 6 Acres for only 400 flats, but how do we know they have sold only 400 flats & not more?
6) What is the guarantee that tomorrow Era would not sell the available license to another colonizer, keeping its customers guessing again. The DTCP site only shows the name in which the license is sought, it does not display the name of the party to which it has been sold after being granted.
7) How does the customer to whom Era is asking to believe in the difference know for a fact that the licence that has been granted on 07/09/2012 was infact granted to Era and not Ansal Ltd, who could have applied in the name of Resolve estates to increase its total license to develop group housing of 17 odd acre?
8) is the working of DTCP controlled by Era? Than how is it sure to produce the license after 15 th Oct,2012? Does that mean Era is still awaiting the licence it has applied for and the licence No-100 is of some other company?
There are plenty of other questions that come to the mind, but we better look at what the DTCP says to the prospective customers of real estate in Gurgaon/ Haryana :-

Tele-Fax: 0172-2548475; Tel: 0172-2549851, 2549349; E-mail: tcphry@gmail.com
The Department had earlier issued notices to caution both the general public as well as the
persons/companies/property dealers engaged in development/booking/sale of plots/flats in the private licenced colonies of Haryana refraining them from sale/purchase/bookings in such projects forwhich licence has not been issued by the State Government. In this regard a Public Notice had also been
issued in several national dailies in the month of April 2011 informing the public that they should ascertain the complete details regarding licence granted to such colony before purchase of plots/ flats/office space/ shops etc.

2. It has, however, been noticed that some of the colonisers still issue advertisements inviting the gullible public to invest in a project even before grant of licence to set up the colony resulting into misleading and defrauding the general public. While action against such unscrupulous elements is taken by the Department, the general public is hereby cautioned not to be allured by such advertisements and refrain from investing money in such projects for which licence has not been issued by the State Government.

3. In this regard, it is also informed that plots/flats for residential, commercial, institutional and industrial use etc. within the controlled areas and urbanisable limit as declared under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 and Haryana Development and Regulations of Urban Areas Rules, 1976 respectively, can be sold only after obtaining a license from the Department of Town and Country Planning, Haryana. The sale/pre-launch of plots without a license is illegal and there is no guarantee of any such project ever taking-off. In this regard the provision of Section 7 of the Haryana Development and Regulations of Urban Areas Act, 1975, is also reproduced below for reference:
Section 7: Prohibition to advertise and transfer plots. No person including a property dealer shall:-
(i) without obtaining a license under section 3, transfer or agree to transfer in any manner plots in a colony or make an advertisement or receive any amount in respect thereof;
(ii) erect or re-erect any building in any colony in respect of which a license under section 3, has not been granted.
(iii) erect or re-erect any building other than for purpose of agriculture on the land sub-dividedfor agriculture as defined in clause (aa) of section 2 of this Act.

4. Some unscrupulous persons and companies may indulge in illegal activities of pre-launch ofplots without obtaining a license for development of such colonies. Therefore, general public is advised to contact and verify whether license has been granted by the Director General, Town and Country
Planning Department, Haryana before booking of plots/dwelling units/commercial property to avoid any legal problems and financial implications. Details of contact persons and their e-mail ids can be seen at Department’s website: tcpharyana.gov.in

5. The persons/companies/property dealers are again cautioned not to sell/pre launch or offer plots/dwelling units/commercial property without obtaining license from Department of Town and Country Planning, failing which legal action shall be taken against them. 
(T.C. Gupta, IAS)
Director General
30th Dec 2011

Thus is pretty much clear from the above notification that what ever the colonizer has done till now is not in confirmation with what the law says. The builder has used its position to play with the future of hundreds of citizen of this country. who would still have to wait for some normalcy to happen, which would happen only after Era demarcates and allottees the flats fairly to all its customers and it gets clear that the group housing is of what acreage or area. Till than its unnecessary botheration and worry that the customers would have to bear, for no fault of theirs but of the colonizer.


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