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SANDEEP KUMAR
Nesh India Infrastructure Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J.—By way of this writ petition, the petitioner has prayed for the following reliefs:—
“(i) Issuance of a direction, order or writ, including writ in the nature of certiorari quashing the order dated 10.08.2021 passed by the Bihar Real Estate Appellate Tribunal (hereinafter referred to as “BREAT”) in Appeal Case No.28 of 2021 and Appeal No.29 of 2021, by which the learned BREAT allowed the prayer of private respondents and modified its earlier order dated 02.07.2021 and directed the petitioner to deposit the total amount of the compensation, interest and litigation cost payable as directed by the Adjudicating Officer of Real Estate Authority, Patna;
(ii) Issuance of a direction, order or writ, including writ in the nature of mandamus directing the learned BREAT to hear the appeal of the petitioner on merits as per the provisions of Section 43(5) of Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as “the Act”) which mandates deposit of at least 30% of the awarded amount for hearing the appeal and the petitioner has already deposited 30% of the awarded amount pursuant to the order dated 02.07.2021 passed by the learned BREAT.”
2. During the pen
The court upheld the requirement for total deposit of compensation and interest before hearing appeals under the Real Estate Act, affirming RERA's jurisdiction over disputes involving landowners as a....
Land-owners are deemed consumers under the Real Estate Act, allowing them to file complaints against builders, overriding arbitration clauses in contracts.
In compensation claims under the Real Estate (Regulation and Development) Act, a promoter must deposit only 30% to entertain an appeal, contrary to 100% for return of amounts, as clarified by the Sup....
(1) Parliament has power to legislate even retrospectively to take into its fold pre-existing contract and rights executed between parties in larger public interest.(2) Real Estate (Regulation and De....
The Real Estate (Regulation and Development) Act mandates granting interest for delays in possession, encompassing circumstances including force majeure, without necessitating rigorous inquiry from t....
The High Court upheld that jurisdiction for RERA to adjudicate complaints exists even if the promoter lacks registration, emphasizing the rights of aggrieved parties under the Act.
Enforcement of Act, 2016, comes under the purview of ‘promoter’, as defined under Section 2(zk) of Act, 2016, and necessary compliance of pre-deposit, as enshrined under Section 43(5) of Act, 2016
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