The Delhi Real Estate Regulatory Authority (Delhi RERA) has directed NBCC Ltd, a government-owned construction company, to register its NBCC Plaza Complex at Saket as an ‘ongoing project’ under the Real Estate (Regulation and Development) Act, 2016 (RERA). This directive applies despite the project being completed and occupied nearly 17 years ago.
The decision was delivered by a majority bench led by Delhi RERA Chairperson Anand Kumar and Member Ajay Kumar Kuhar, following a complaint filed by Rajeshwari Realty Pvt Ltd, a major allottee in the project.
Complaint Filed by Rajeshwari Realty Pvt Ltd
The case originated from a complaint filed by Gurgaon-based Rajeshwari Realty Pvt Ltd, which had purchased over 78,000 sq. ft. of commercial space and 118 parking slots in the NBCC Plaza Complex for ₹158 crore through NBCC’s auction held in 2007.
Although possession was handed over in 2008, the complainant alleged that NBCC had not executed conveyance deeds, failed to form an association of allottees, and did not hand over common areas — all of which are mandatory obligations under the RERA framework.
Delhi RERA’s Observations: Project Still Incomplete
Delhi RERA noted that the Municipal Corporation of Delhi (MCD) issued only a partial occupancy certificate (OC) in 2011. The bench stated that a partial OC cannot be considered equivalent to a completion certificate, thereby rendering the project incomplete and subject to RERA registration.
Citing NBCC’s own internal filings and red herring prospectus, where the company had described the certificate as “partial,” the authority ruled that NBCC must register the project under Delhi RERA within 90 days.
Directions Issued by Delhi RERA
The Delhi RERA order requires NBCC to:
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Register the NBCC Plaza Complex as an ongoing project under RERA within 90 days
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Obtain a valid completion certificate and lease deed from the competent authority
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Facilitate the formation of an association of allottees (AoA)
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Execute conveyance deeds in favour of all buyers
The order aims to ensure compliance with RERA provisions and provide long-pending relief to allottees who have been awaiting legal clarity for years.
Dissenting Opinion by Member Devesh Singh
While the majority bench held that the project remained incomplete, Member Devesh Singh issued a dissenting opinion, arguing that the 2011 occupancy certificate was sufficient proof of completion and that the project did not require RERA registration.
NBCC’s Response
An NBCC spokesperson stated that the company is currently examining the order issued by Delhi RERA and will take further steps “in accordance with law, in due course of time.”
NBCC has maintained that the project was completed long ago, is fully occupied, and that the partial occupancy certificate should be treated as adequate for completion purposes.
Allottees Welcome the Order
A spokesperson for Rajeshwari Realty welcomed the Delhi RERA directive, stating, “We are grateful to RERA for bringing this project under its ambit since this project has been grappling with multiple issues of conveyance, completion, and maintenance for the last 15 years. It will give the allottees much-needed relief and ensure a time-bound resolution under the RERA framework.”
The spokesperson added that they are looking forward to working with NBCC for the completion and formal handover of the project within the next 90 days as directed by the authority.
Significance of the Delhi RERA Order
The directive underscores that even old, completed, or partially occupied projects can be brought under RERA if they lack valid completion certificates or fail to meet core obligations under the Act.
This ruling sets a strong precedent for other projects in Delhi and across India where developers have avoided formal handover and conveyance processes despite project completion. It reinforces homebuyer protection, accountability, and compliance under the RERA regime.
