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J. B. PARDIWALA, R. MAHADEVAN
Emcipi electronics Pvt. Ltd. – Appellant
Versus
State Of Haryana – Respondent
| 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:-
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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