News: Citing partial OC from MCD, Delhi RERA brings old project handed over in 2008 under its ambit-02-10-2025
GURUGRAM: Delhi Real Estate Regulatory Authority (RERA) has directed state-run NBCC Ltd to register its NBCC Plaza Complex at Saket, an old, completed establishment where allottees got possession 17 years ago, as an ‘ongoing project' under the Rera Act 2016.
The direction, from a majority bench headed by chairperson Anand Kumar and member Ajay Kumar Kuhar, followed hearings into a complaint filed by Gurgaon-based Rajeshwari Realty Pvt Ltd, one of the largest buyers in the project, that NBCC failed to execute conveyance deeds, form an association of allottees, and hand over common areas — key obligations under the Rera framework.
The bench observed that the occupancy certificate issued by Municipal Corporation of Delhi (MCD) in 2011 was only a partial one. "A partial occupancy certificate cannot be equated with a completion certificate. Hence, the project remains incomplete and is liable for registration under the Act," the bench noted.An NBCC spokesperson told TOI, "We are presently examining the referred order of Delhi Rera and upon due examination, shall take further steps in accordance with law, in due course of time."
In 2007, when NBCC auctioned commercial space at the Saket Plaza Complex, Rajeshwari Realty purchased over 78,000 sqft of built-up area along with 118 parking slots for Rs 158 crore. Although possession was handed over in 2008, the company maintained that NBCC had never obtained a valid completion certificate, nor had it executed the requisite lease deed for the land.
NBCC, in its defence, argued that the project was completed long ago and fully occupied, and that the partial occupancy certificate was sufficient proof of completion. However, Delhi Rera cited NBCC's own internal records and filings, including disclosures in its red herring prospectus, where it had described the certificate as "partial."
It directed NBCC to register the project with Delhi Rera within 90 days, obtain a valid lease deed and completion certificate, facilitate the formation of an association of allottees, and execute conveyance deeds in favour of all buyers.
Member Devesh Singh issued a dissenting opinion, holding that the 2011 certificate amounted to completion and that the project did not require registration.
A Rajeshwari spokesperson said, "We are grateful to Rera to bring this project under its ambit since this project has been grappling with multiple issues of conveyance, completion, maintenance, etc for the last 15 years. It will give the allottees much needed relief in a time-bound manner and process under the Rera governance. We are looking forward to working with NBCC for completion and handover of the project in the next 90 days as detailed in the order".
