Promoters Should Display the Sanctioned Plan at the Project Site

Promoters Should Display the Sanctioned Plan at the Project Site
  • General
  • Wednesday 20th March 2019
  • Author: Riya Kapoor

Highlights

  • Layout plan along with the specifications approved by the Competent Authority by displaying at the site or such other places as may be specified by the Regulations made by the Authority

  • Supreme Court of India in Civil No. 9064 & 9065 of 2018 Ferani Hotels Pvt. Ltd. V / s State Information Commissioner Greater Mumbai & others have considered the issue of publishing sanctioned plan

  • Layout plan along with the specifications approved by the Competent Authority should be prominently displayed.

RERA makes it mandatory for a promoter to display Sanctioned Plan, Layout Plan, along with specifications on the promoters Project Site. Section 11 sub section3 (a) of the Real Estate (Regulation & Development) Act, 2016 casts mandatory duty on the part of the Promoter/Developer to make available to the allottee, the Sanctioned plan; Layout plan along with the specifications approved by the Competent Authority by displaying at the site or such other places as may be specified by the Regulations made by the Authority.
 
Recently, the Hon'ble Supreme Court of India in Civil No. 9064 & 9065 of 2018 Ferani Hotels Pvt. Ltd. V / s State Information Commissioner Greater Mumbai & others have considered the issue of publishing sanctioned plan and by its Order and Judgement dated 27th September 2018 interalia issued directions as under: "To display Sanctioned plan; Layout plan; along with the specifications approved by the Competent Authority at the site apart from any other manner provided by the regulations made by the Authority. This aspect should be given appropriate publicity as a part of the enforcement of RERA.”
 
Considering the aforesaid mandatory provisions under Real Estate (Regulation & Development) Act,2016 as well as directions of the Hon'ble Supreme Court of India all the Promoters should ensure that Sanctioned plan; Layout plan along with the specifications approved by the Competent Authority should be prominently displayed at the respective site.
 
All the promoters need to make sure that the Promoters should ensure that Sanctioned plan; Layout plan along with the specifications approved by the Competent Authority should be prominently displayed at the respective site. Failure of the above provision can lead to the levy of penalty on promoters.
 
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