JUDGMENT :

(Prathiba M. Singh, J.) :—

This hearing has been done through hybrid mode.

2. This is a Petition filed by three Petitioners who are flat buyers in the project of Respondent no. 2 Parsvnath Landmark Developers Pvt. Ltd. The present petition has been filed by the Petitioners seeking directions to the Respondent Nos. 1 and 3 i.e., the Ministry of Housing and Urban Affairs and Real Estate Regulatory Authority (‘RERA’) respectively, to not allow Respondent No. 2-Parsvnath Landmark Developers Pvt. Ltd. (‘Parsvnath’) to sell additional flats in project II and III and to withdraw the sanctions for the project ‘La Tropicana’ situated at Khyber Pass, Civil Lines.

3. At the outset, it is submitted by the ld. Counsels for both the parties that insofar as the dispute between Petitioner No. 2-Smt. Sarita Aggarwal and Petitioner No. 3-Mr. Pawan Kumar Jindal with Parsvnath is concerned, the dispute stands resolved vide Memorandum of Understanding (‘MOU’) dated 18th April, 2023. Vide the said MOU, the possession of the flat is to be handed over to the Petitioners on ‘as is where is’ basis. In addition, the compensation amount of Rs. 1.15 crores is to be paid to the Petitioner Nos. 2 & 3 by Parsvnath. The amount of Rs. 50,00,000/- already stands deposited in this Court. Accordingly, Rs. 65,00,000/- was agreed to be paid and the same has been received by the Petitioner Nos. 2 & 3. Petitioner No. 3-Mr. Jindal is present in Court and acknowledges the receipt of the said amount. The relevant portions of the settlement are set out below:

“1. That it has been agreed between the parties that the First Party shall continue with the booking of the said flat and take the physical possession of the said unit on “as is where is basis” for fit outs purposes as and when the possession of the flats for fit out shall be offered to other allottees in the Tower bearing no. 15. The First Party has further agreed to complete the unfinished work or items in the said flat as per his own choice and at his own cost. It is further agreed that the Booking of the said Flat stands continued and the Flat Buyer Agreement executed with respect to the said Flat stands retained.

2. It is agreed between the parties that the Second Party would pay an amount of Rs. 1,15,00,000/- (Rupees One Crores and Fifteen Lacs Only) (hereinafter referred to as “Compensation Amount”) as compensation towards the delay in handing over possession in full and final settlement of all the claims of the First Party qua the said Flat or in terms of the Order passed by the RERA Authority or any further orders passed or may be passed by RERA Authority or any other court/foras/tribunal etc.

3. It is agreed between the parties that the Compensation Amount is inclusive of the amount of Rs. 50,00,000/- (Rupees Fifty Lacs) already deposited by the Second Party with the Registry of the Hon'ble High Court of Delhi and as such the Second Party is now only liable to pay an amount of Rs. 65,00,000/- (Rupees Sixty Five Lacs Only) (which is being paid by the Second Party by way of Demand Draft bearing no. 534828 for Rs. 35,00,000/- and Demand Draft bearing no. 534829 for Rs. 30,00,000/-, both dated 18.04.2023. drawn on Canara Bank, Delhi in favour of Mrs. Sarita Agarwal simultaneously at the time of signing of the present MOU and the said payment is accepted by the First party in full and final settlement of all the dispute pertaining to the said flat and in terms of the order dated 26.09.2018. passed by the Hon'ble RERA Authority. It is agreed that on 19.04.2023., both the parties would request the Hon'ble High Court to release the said deposit amount of Rs. 50,00,000/- in favour of the First Party.”

4. In view of the above settlement with Petitioner Nos. 2 and 3, let the possession of the flat be given in terms of clause 1 of the MOU which records that physical possession shall be handed over when the possession of the flats to the other allottees of tower bearing no. 15 is handed over.

5. The parties shall b