Last Updated on January 8, 2026 by Satish Mishra
In Gurbaksh Singh vs ABW Infrastructure Pvt. Ltd , the HRERA Panchkula Authority has held that TCP is duty bound to ensure completion of licensed projects since based on their assurance and necessary sanctions and approvals , homebuyers put their hard earned money into the project .
The Directorate of Town and Country Planning (DTCP) and the Haryana Real Estate Regulatory Authority (RERA Haryana) have complementary and coordinated roles in regulating the real estate sector in Haryana. The DTCP is responsible for overall urban planning and licensing, while RERA primarily focuses on regulating registered projects, ensuring transparency, and protecting consumer interests.
Role of Department Town and Country Planning (DTCP)
- Urban Planning and Development Plans: The DTCP is responsible for preparing and publishing long-term development plans and zoning regulations for urban and controlled areas in the state.
- Granting Licenses: Under the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975, the DTCP grants licenses to private developers (colonizers) to develop residential, commercial, and industrial colonies. A project cannot be registered with RERA without a valid DTCP license.
- Approving Layout and Building Plans: The DTCP scrutinizes and approves the layout plans, zoning plans, and building plans of licensed colonies, ensuring they conform to established norms like Floor Area Ratio (FAR), ground coverage, and building codes.
- Regulating Unauthorised Construction: The department is tasked with preventing unauthorized and haphazard construction and taking action against illegal colonies.
- Infrastructure Development Charges (EDC/IDC): It collects External Development Charges (EDC) and Infrastructure Development Charges (IDC) from developers to fund town-level infrastructure projects.
Role of the Real Estate Regulatory Authority (RERA Haryana)
- Project and Agent Registration: All real estate projects and agents must be registered with RERA Haryana before they can advertise, book, or sell any property.
- Ensuring Transparency and Disclosure: RERA ensures that promoters disclose all relevant project information, including the approved layout plan, building plan, and timelines, on the RERA website.
- Monitoring Project Progress: It monitors the physical and financial progress of registered projects by requiring developers to submit quarterly progress reports.
- Protecting Allottee Interests: RERA safeguards the interests of homebuyers by ensuring projects are completed within the promised timeframe, penalizing delays, and mandating the use of carpet area for sales.
- Dispute Redressal: It provides a speedy adjudicating mechanism for resolving disputes between promoters, allottees, and real estate agents.
Coordination between DTCP and RERA
- Joint Compliance: A policy has been approved for the coordinated functioning of both authorities, especially regarding phasing plans and revisions in layout/building plans. Any alteration to a RERA-registered project’s plans requires prior consent/NOC from both the DTCP and RERA.
- Information Sharing: The DTCP provides essential data like technical clearances and status of EDC/IDC dues, which is necessary for RERA registration and public transparency.
- Enforcement: RERA sometimes forwards complaints regarding license violations to the DTCP for action under the relevant planning acts. Both departments work together to ensure that no clause of a collaboration agreement is amended without mutual consent.
In this particular case, Director is directed to take immediate steps to ensure timely delivery of the project.
Now the property is attached under Sarfaesi Act and it would be interesting to see how HRERA nixes with it or other Insolvency proceedings.
Also Read- JURISIDCTION OF HARYANA RERA PANCHKULA AUTHORITY
The loaner has already attached the project property through DM in December 2017.
Another proceedings under Haryana Protection of Interest of Depositors in the Financial Establishment Act, 2013 is in motion.
In this case, Authority held that buyers are deemed owners and their right is in conjunction with superior rights of any financial institution or lender.
If their claims are not satisfied, allottee too should be treated as Creditor before the appropriate forum, held Authority.
Also Read- COVERAGE OF PROJECTS EXISTING BEFORE HRERA
This is a necessary step by authorities to avoid economy specially reality from crumbling down.
The projects are kept pending for long and there is not even an inch of development.
Rightly, HRERA passed the baton to TCP for execution of its own order. In essence, the DTCP lays the groundwork for planned urban development and project licensing, while RERA enforces transparent execution and consumer protection within those approved frameworks.
Post Written by – Research Team of LegalSeva (LawFirm) of Satish Mishra Advocate. Responses from Google’s AI Overview included in Post.
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