SUPREME COURT OF INDIA
J.B. Pardiwala and R. Mahadevan, JJ.
Emcipi electronics Pvt. Ltd. – Appellant
Versus
State Of Haryana And Others – Respondent
Civil Appeal Nos.3877-3878 of 2025 (@ Special Leave Petition(C) Nos.5904-5905 of 2022)
Decided on : 18-03-2025
| Table of Content |
|---|
| 1. focus on the issuance of a completion certificate. (Para 2 , 5 , 10) |
| 2. respective liabilities related to construction. (Para 6 , 8 , 22) |
| 3. license expiration impacts project completion. (Para 11 , 13 , 14) |
| 4. conditions for issuance of completion certificates. (Para 12 , 19) |
| 5. conclusion to dispose of the appeal. (Para 16 , 17 , 18) |
ORDER :
1. Leave granted.
2. These appeals arise from the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in CWP No.18657/2021(O&M) dated 22-9-2021 and CM-16277-CWP-2021 in CWP No.18657/2021 dated 3-12-2021 respectively, by which the High Court rejected the petitions filed by the appellant - herein and thereby declined to grant the reliefs as prayed for in the Petitions.
3. We heard this matter over a period of few months. It is possible for us to put an end to this dispute today.
4. We do not intend to delve much into the facts giving rise to this litigation as with the assistance of both the sides, we have been able to find a way out to resolve the entire controversy.
5. We first take notice of our order dated 21-1-2025. The same reads thus:-
2. We have been able to get a fair idea about the dispute in the present litigation. To put it very briefly the petitioner herein is a Private Limited Company. The petitioner owned the piece of land comprising 3.5 acres situated at IFFCO Chowk, Gurugram Haryana.
3. The authorities concerned granted the petitioner permission to construct commercial complex thereon.
4. As the materials on record reveal, the Department of Town and Country Planning, Haryana-respondent no.1 herein granted License No.116/2004 dated 6.8.2004 for setting up a commercial colony on 2.4 acres area of the land.
5. The problem cropped up when the petitioner entered into a collaboration agreement with one Atul Bansal, Director of M/s Uppal Infrastructure Projects Ltd. for the purpose of development of project.
6. The understanding between the parties was that they would raise a commercial complex by name Delta Square(block B) within the 2 SLP(C) Nos.5904-5905/2022 contours of the terms and license documents.
7. The further understanding was that the infrastructure company would construct block A and the same would be kept by them whereas the same company would also construct block B & block B was to be handed over to the petitioner herein so that the petitioner can put it to sale or enter into a lease agreement with any other party.
8. It is not in dispute that blocks A and B respectively came up almost 15 years back.
9. It is not in dispute that the infrastructure company sold out all the flats in block A and people are occupying the entire block.
10. It is also not in dispute that the petitioner herein sold some of the flats in block B, whereas have entered into lease agreements with few parties.
11. However, both these buildings i.e. blocks A and B respectively do not have a valid completion certificate.
12. This entire litigation is for the purpose of obtaining a valid completion certificate.
13. According to the respondents the license which was granted expired way back in the year 2009. With the Expiry of the license nothing, further, could have been done in the matter.
14. The position prevailing as on date is what we have said aforesaid.
15. It appears that the respondents are ready and willing to issue 3 SLP(C) Nos.5904-5905/2022 the necessary completion certificate, subject to the petitioner herein paying towards (i) infrastructure and argumentation charges, (ii) composition fee and (iii) composition fee for delay and submission of bank guarantee. The sum of all this is coming to around Rs.2.66 crore.
16. This entire amount is for both the blocks i.e. A and B.
17. We take notice of the fact that the infrastructure company with whom the petitioner entered into an agreement, has gone into
The authority's permission to construct 14 units should have led to the issuance of a completion certificate, and the authority's refusal was contrary to the statutory provisions.
RERA Authority has no jurisdiction to review municipal completion certificates issued prior to the RERA Act's enforcement, maintaining their validity unless declared otherwise by competent municipal ....
The court established that a project with delays in completion falls under RERA's provisions, and mere local authority certifications do not suffice as valid completion certificates.
A project completed before the commencement of the Real Estate Act is not subject to the Act's registration requirements, regardless of later safety certificate issues.
The completion certificate issued must be strictly in accordance with the sanctioned plan and specifications, and the responsibilities of the promoter include providing and maintaining essential serv....
RERA applies to ongoing projects regardless of completion status, ensuring consumer protection and allowing for grievances to be raised under its provisions.
The RERA Act applies to ongoing projects regardless of completion dates, ensuring consumer grievances are addressed under its provisions.
The existence and date of issuance of occupancy certificates are critical in determining whether a real estate project is ongoing under the RERA.
Acceptance of a Declaration under the West Bengal Apartment Ownership Act is invalid if made without proper notice to all concerned parties and adherence to statutory requirements.
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