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It has been categorically mentioned in the agreement dated 11.7.2012 that the opposite parties are only contemplating development of integrated township, it is no where mentioned or agreed that the opposite parties are launching or is about to launch any read estate project or complainants have allotted any plot. Launch of project is agreed to be a future probability dependent of the assembly of required land, approvals, sanctions to launch an integrated township.
The clause 15 of the agreement dated 11.7.2012, do not treat the transaction as agreed as even a pre-launch of theproject, as such launch or existence of projected cannot be assumed. As per clause 3 of the agreement dated 11.7.2012, all terms and conditions of the agreement are fully dependent on the future fact that opposite parties obtains a license, approvals and sanctions for colony (integrated township).The launch of the project can only be assumed, when these regulatory prerequisites are complied with. Presently parties to the agreement has not assembled required quantum of land to get said approvals and launch a project. On this count as well complainants cannot be said to a consumer as per law. It is noteworthy to mention here in pursuant the agreement dated 11.7.2012, opposite parties have already obtained a license dated 9.7.2013, duly validated on 18.9.2015 from Lucknow Development Authority for development of integrated township on 372 acres of land and is in process to obtain other legal approvals, sanctions to launch the project/integrated township. Opposite parties is just short of acquiring 50% land of proposed project/integrated township and as soon as it acquitted the required land it shall get DPR approval, execute development agreement with Lucknow Development Authority under the integrated township policy, 2014 and get the layout plansanctioned and only thereafter launch the project and plot as claimed by complainants shall be allotted to them and only thereafter they can assumed to be a consumer under the Act. As per clause 9 of integrated township policy, 2014 (latest policy on the subject) for approval of DPR and start of development of the project, 50% area of licensed land is required. The s aid policy of 2014 also provides for extension of time for assembly of land.