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NCDRC allows continuation of construction at M3M Opus after project receives fresh approvals

New Delhi: The National Consumer Disputes Redressal Commission (NCDRC) has allowed the continuation of construction at Tower 11 (Phase-2) of M3M Opus after noting that the project has received valid fresh approvals and complies with applicable laws, while safeguarding the rights of existing homebuyers.

In its order, the Commission recorded that Tower 11 had secured approvals from the Department of Town and Country Planning (DTCP), Government of Haryana, on September 3, 2024, and from Haryana RERA on October 10, 2024. It held that these approvals were legally sustainable and not encumbered by the Commission’s earlier 2022 order, thereby reaffirming the project’s regulatory compliance.

The NCDRC observed that the earlier restraint on construction was not permanent and could be lifted once statutory requirements were met. With material compliance established, the Commission vacated the stay on construction, permitting M3M to proceed in accordance with law.

The order also noted that the construction of Tower 11 would not impact the floor area ratio (FAR), saleable area or proprietary and common rights of existing allottees. It recorded that existing residents do not claim ownership or entitlement over the Phase-2 land, a distinction that weighed in favour of allowing construction to continue.

The Commission took note of the due process followed by the developer, including issuance of individual notices to 523 allottees, publication of notices in three national newspapers and a formal hearing before the Senior Town Planner (DTCP). Only eight allottees raised objections, all of which were addressed and none sustained.

On construction quality, the Commission referred to an independent audit by Bureau Veritas, appointed under Supreme Court directions, which found no structural distress and noted that identified issues were minor and had been rectified. Independent global experts validated structural safety and compliance.

The order also recorded findings on financial transparency, noting that M3M had deposited more EDC and IDC with the government than collected from buyers, and that IFMS collections were broadly aligned with statutory requirements, subject to ongoing regulatory oversight.

Rejecting allegations of contempt, suppression and illegal re-launch, the NCDRC held that parties are entitled to seek fresh approvals and pursue remedies under law, recognising M3M’s right to proceed with lawful development following due process. Mpost

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