NEW DELHI: The Delhi Development Authority (DDA) is planning to penalise real estate major Emaar MGF, the project developer of Commonwealth Games Village, for violation in construction of the project.
In a meeting on Wednesday, the land-owning agency decided to not allow Emaar to stake claim to the flats which were built on excess FAR, which is close to 12,800 square metres. Sources said the process will be initiated in a month.
When the matter had gone to court, 92 flats (28 flats of Emaar and two towers with 32 flats each of DDA) were kept aside by both parties till the dispute was resolved.
"Everyone in the meeting was of the view that the project developer should be penalized for carrying out construction beyond the permissible limit. It was decided that Emaar will not be given any excess FAR as penalty and it should be with DDA," said SK Bagga, DDA member and AAP MLA, Krishna Nagar.
The violations are in the form of extra rooms in some flats and community facilities, etc. Confirming the decision, DDA member and BJP MLA from Rohini, Vijender Gupta said, "The excess FAR is not compoundable." DDA vice-chairman Arun Goel said that a final decision in this regard will be taken soon.
DDA officials said the developer had constructed 23,098.35 sq m in addition to the sanctioned plan. While 10,257 sq m of excess construction was compounded as per provisions of Master Plan of Delhi 2021, DDA officials said 12,841.3 sq m can't be compounded as there is no provision for it.
The ministry of urban development had left the decision on DDA.
Delhi high court had directed ministry of urban development and DDA to look into the issue of excess construction.
After this, two towers belonging to DDA and 28 extra flats built by Emaar were kept as security till the matter was resolved. DDA has sought the opinion of the then Solicitor General of India. However, the UD ministry on August 20, 2015 conveyed to DDA that "the ministry is not in agreement with the opinion of Solicitor General of India, as submitted by DDA on the matter of declaring the project to be of 'national importance' at this stage".
While asking DDA to take the final decision, the ministry said that there is no provision in Master Plan 2021 to regularize constructed FAR beyond compoundable limit. "The provision of declaring a project to be of national importance has not been provided to cover the mistakes where construction has been done in violation of the sanctioned plan," the ministry said in its directions to DDA.
When contacted, spokesperson of Emaar MGF Digvijay Singh said, "We are not aware of any such development. However, we would like to mention that the Commonwealth Games Village project was implemented by Delhi Development Authority in a PPP mode with Emaar MGF Construction Ltd. The entire project was executed well within the defined parameters of the contract. Work was done under close supervision of not only DDA, but various other governmental agencies."