Gurugram Town and Country Planning department issued a show-cause notice to city-based developer JMS Infra Build Private Limited for allegedly selling plots under the banner of affordable housing without a license. The developer has been accused of selling plots under Haryana's flagship scheme Deen Dayal Jan Awas Yojna, which encourages the development of plotted colonies through a liberal policy framework.
The notice was issued by District Town Planner-Enforcement (DTPE) Amit Madholia. The DTPE said that the department received complaints via social media channels such as Twitter, where it was alleged that JMS Infra was booking plots on its 15 acres of land in Sohna.
"The site was visited by the field staff and it has been found that you have started construction work at the site and also made an advertisement for booking of plots. Thus, the same is pre-launch and is in violation of Section 7(i) of the Haryana Development and Regulation of Urban Areas Act, 1975," said the notice.
JMS Infra has applied for a license to set up an affordable plotted colony (DDJY-2016) over the land measuring around 15 acres in Sector 5, Sohna and the Town and Country Planning department is yet to grant a license to the developer.
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Section 7 (i) of the Act No. 8 of 1975 provides that 'no person shall, without obtaining a license under Section 3 of the Act No. 8 of 1975, transfer or agree to transfer in any manner plots in a colony or make an advertisement or received any amount in respect thereof'.
Also, as per the provisions of Section 7 (i) of the Haryana Development and Regulations of Urban Areas Act, 1975, any person including the property dealer is prohibited to advertise or transfer the plots in a colony without a license. Also, no booking of plots shall take place without the approval of the layout plan.
The DTCP asked the developer to submit its written reply and appear before the DTCP Gurugram office by August 19. "...show cause as to why a legal action against you shall not be initiated and your case may not be recommended to the Competent Authority for cancellation of approvals," said the notice.
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Senior Town Planner Narendra Singh Solanki told Moneycontrol that if a violation is found on the part of the coloniser, then the department can recommend registration of an FIR against it.
DTP Enforcement Amit Madholia said that the offence is compoundable and can be settled by levying a penalty on the developer.
A response from the developer is awaited.
JMS Infra acquired around 15 acres of land in Sohna in June this year from the Haryana government. The developer has also launched two projects under the DDJY scheme in Sector 95A and Sector 95 of Gurugram.
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