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2021 Supreme(Chh) 210

GOUTAM BHADURI
Real Estate Regulatory Authority Chhattisgarh – Appellant
Versus
Real Estate Appellate Tribunal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Meha Kumar, Advocate
For the Respondents:Shri Shreyankar Nandy, Shri Manoj Paranjpe, Advocate

ORDER :

1. Heard.

2. Challenge in this petition is to the order dated 08.12.2020 (Annexure P-1) passed by the appellate Tribunal constituted under the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'the Act, 2016').

3. Learned counsel for the petitioner would submit that the appellate authority in its appellate order dated 08.12.2020 at para 33 has given certain directions which the Real Estate Regulatory Authority (hereinafter referred to as 'RERA') is not legally permissible to do so or is entitled to do so, therefore, the order would be bad in law and the said part of the direction is bad in law. She would further submit that the power under Act, 2016 is conferred under Section 31 & 71 and reading of the same would show that it is the adjudicating authority who will decide with respect to compensation. Consequently, the adjudicating authority which is to be appointed under Section 71 of the Act, 2016 is the authority, who is the petitioner herein, cannot be directed to do so as it would be completely illegal and the said direction cannot be allowed to sustain. She further refers to Section 35 of the Act, 2016 and would submit that Section 35 of the A

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