2 licences of Mahira Homes suspended, notice for 4 more

Bhartesh Singh Thakur

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Chandigarh, June 28

Reviving the fake bank guarantees case against Mahira Homes Pvt Ltd, Director General (DG), Town and Country Planning Department (TCPD) TL Satyaprakash, has suspended two of its licences and given notice for the suspension of four more licences.

The firm belongs to the son of Samalkha (Panipat) Congress MLA Dharam Singh Chokker.

Mahira Homes has licence No. 9 of 2022 over 6.675 acres for Affordable Group Housing Colony in Sector 88 B, Gurugram. Besides, it has licence No. 61 of 2023 in collaboration with Bacon Developers over an area of 3.40 acres in the same sector.

As bank guarantees submitted by Mahira Homes turned out to be fake in respect of the pending dues for previously granted four licences, the TCP Department agreed to a mortgage deal.

Mahira Homes mortgaged 1.17 acres out of licence No. 9 in Sector 88 B, Gurugram, vide mortgage deed no. 4579, dated July 19, 2022, in lieu of 100 per cent dues of External Development Charges (EDCs) payable in respect of its licences No. 31 of 2019 (Sector 103), 128 of 2019 (Sector 53 A), 24 of 2020 (Sector 95) and 66 of 2021 (Sector 104) of Gurugram.

On April 18, 2023, Indiabulls Housing Finance Ltd (IHFL) got published a notice in an English newspaper that 10.075 acres of Mahira Homes in Sector 88 B, Gurugram, is their security for providing financial facilities and cautioned that any sale of any unit in the Project “Mahira Homes 88B” by Mahira Group “shall be an illegal transaction and as such would be null and void”.

The IHFL, vide their letter dated April 19, 2023, told Senior Town Planner (Gurugram) that “interest and right in the land parcels of the licensed land of licence No. 9 of 2022 and 61 of 2023 in Sector88B,” Gurugram has been created in its favour vide undertaking to clear security dated December 15, 2021, to secure a loan of Rs 62.50 crore. Mahira Homes Pvt Ltd, along with its collaborator, had availed the loan from the IHFL.

The IHFL further said that it had filed five complaints under Section 138 of the Negotiable Instruments Act, which were pending in the District Courts, Gurugram.

The DG, TCPD, observed that Mahira Homes mortgaged the land for outstanding dues of bank guarantee of the EDC, which was already encumbered with the IHFL for taking a loan and termed the act as a “concealment of facts”. He further observed that the public notice of the IHFL also pointed out that Mahira Homes didn’t take permission from them before developing the project and, hence, the title of land “cannot be considered to be in order as per Section 3 (2) (q) of the Act of 1975”.

“In view of the above, licence No. 09 of 2022 and the additional licence No. 61 of 2023 are hereby suspended under Section 3(3A) of the Act of 1975 with immediate effect,” said the DG’s order, dated June 27. The DG has asked Mahira Homes to explain why the mortgage deed executed on the encumbered land may not be revoked.

A seven-day time has been given to the firm for reply.

Breach of trust

The Tribune had, on June 28, reported that DG, TCPD, had blacklisted Mahira Homes over fraud and breach of trust as it submitted forged building plans, and ordered lodging of FIR, besides directing not to process any licence application or approvals of the firm and its subsidiaries and its directors