JUDGMENT :

Sureshwar Thakur, J. - Through the instant writ petition, the petitioners seek the quashing of the directions dated 25.1.2021 (Annexure P-19) issued by respondent No. 2 under Section 83 of the Real Estate (Regulation and Development) Act, 2016 (for short the RE RA Act'), and, also seek the quashing of the in-principal approval dated 4.3.2021 (Annexure P-21) granted for the fourth Occupation Certificate, issued by respondent No. 4.

2. In addition, the petitioners also seek the hereinafter extracted reliefs.

(i) To issue directions upon the respondents concerned, to furnish the complete status of the project and conduct a fresh site inspection by respondent No. 5 in the presence of buyers' representatives to determine all violations of sanctioned plans.

(ii) For the issuance of directions upon respondents No. 3 to 5 to ensure that respondent No. 6 complies with the sanctioned plan for the project concerned.

(iii) For the issuance of a writ in the nature of certiorari seeking quashing of any amendment to the project sought by respondent No. 6, being contrary to the provisions of RERA.

Brief facts of the case

3. It is averred in the instant petition, that a group housing project, namely, Windchants' measuring 23.43 acres, situated at Sector-112 within the revenue estate of village Chauma, Tehsil and District Gurugram, was sought to be developed by respondent No. 6, and, for the said purposes, licence No. 21 dated 8.2.2008, and, licence No. 28 dated 7.3.2012 were obtained under Section 3 of the Haryana Development and Regulation of Urban Areas Act, 1975 for short 'the Act of 1975''). On 7.6.2012, respondent No. 6 got the building plan sanctioned and advertised for sale of flats. The petitioners after relying upon the advertisements, sales and marketing brouchers as well as the statements made by respondent No. 6, deposited the earnest money, and, agreed to purchase their respective units/flats in the said project. The petitioners were respectively allotted flats bearing Nos. WT05/1802, WT-7/801, WT05/2002, WT06/2102, WT05/601 and WT07/2001. It is further averred in the instant petition, that the zonal plan was got approved on 10.4.2012 (Annexure P-5), and, vide memo dated 7.6.2012 (Annexure P-6) approval of revised building plan (BR-III) was obtained. The licence for the project was initially granted for five years which could be further extended for a maximum period of five years. Since the project was not completed within the stipulated time i.e. on 26.6.2016, thereupon an allottee, namely Mr. Pawan Gupta approached the National Consumer Disputes Redressal Commission, New Delhi, by filing two Consumer Cases bearing Nos. 285 and 286 of 2018, agitating thereins two separate issues i.e. (i) additional demand on account of the alleged increase in sale area, and (ii) compensation for delay in possession. The issue of additional demand owing to an increase in sale area was decided in favour of petitioner No. 3, and, vide order dated 26.8.2020, the demand for an increase in sale area was quashed by the National Consumer Disputes Redressal Commission. The said order was challenged by respondent No. 6 by filing Civil Appeal Nos. 2703 and 3704 of 2020 before the Apex Court. However, vide order dated 12.1.2021, the said appeals were dismissed the Apex Court.

4. It is further averred in the instant petition, that initially the entire project consisted of 23.43 acres of land, however, subsequently respondent No. 6 purchased an additional area 1.19 acres. Respondent No. 6 applied for a licence for the said land and licence No. 99 dated 4.9.2019 became issued to it. Respondent No. 6 tried to evade the RERA Act by claiming that the project is in phases. The RERA Act was enacted on 25.3.2016, and, the relevant date for consideration is when the said Act came into force partially on 1.5.206 and in its entirety on 1.5.2017. It is averred that the builder concerned was not having the occupation certificate as well as completion certificate, on th