JUDGMENT :

1. By way of this petition under Article 226 of the Constitution of India, the petitioner who is the Director of one Landmark Harmony Project has challenged the order dated 19.01.2019 passed by the Adjudicating Officer under the Real Estate (Regulation & Development) Act, 2016 (“RERA” for short).

2. Facts in brief would indicate that the petitioner is one of the Directors in the Landmark Probuild Private Limited, a company registered under the Indian Companies Act. The Company had constructed a residential complex on the land bearing Block No. 633/2, Final Plot No. 80 admeasuring about 5139 sq.meters at Unvarsad, Taluka: Gandhinagar. Development permission for the land was granted on 19.07.2011 for constructing residential flats. The company started construction naming the Scheme as “Landmark Harmony” comprising of 120 flats. The construction was completed and a Building Use Permission for the constructed new building was granted on 27.07.2016.

2.1 A Banakhat i.e. an Agreement to Sell was entered into between one Shrimati Sulekha Shyamsundar and one Shri Shyamsundar Kar