Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Bhavik Jain – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Petitioners have invoked jurisdiction under Article 226 of the Constitution of India for assailing an order passed by the Himachal Pradesh Real Estate Regulatory Authority (RERA)-respondent No.2 on 12.12.2025.
2. Learned counsel for the petitioners contends that provisions of the Real Estate (Regulation and Development) Act, 2016 (in short ‘the Act’) have been wrongly applied to the case of the petitioners. The same are not applicable to them as the land in question falls in a deemed planning area and is not part of notified planning area under the Himachal Pradesh Town & Country Planning Act; Number of plots sold by the petitioners does not exceed 8 and the total land development by the petitioners does not exceed 2500 square meters.
3. It is not in dispute and is also apparent from the perusal of the impugned order passed by RERA that objections to the applicability of the Act raised herein were also urged before the said authority. RERA considered these objections of facts and law. The issues were deliberated upon and thereafter the impugned order was passed on 12.12.2025, holding the petitioners to have contravened Section 3 of the RERA Act by deve
Writ under Article 226 not maintainable against regulatory order where statutory appeal available, issues involve disputed facts/law, and no jurisdictional error or natural justice violation; exhaust....
Writ petitions under Article 226 against electricity regulatory commission orders fixing O&M charges not maintainable due to efficacious statutory appeal remedy under Section 111 of Electricity Act, ....
The High Court declined to exercise jurisdiction over a writ petition due to the availability of an alternate statutory remedy under the Electricity Act, affirming that tariff regulation issues fall ....
Writ petitions challenging regulatory fixation of normative O&M charges as tariff component not maintainable due to statutory appeal to expert Appellate Tribunal under Electricity Act, absent jurisdi....
Tariff determination for hydro projects with enhanced capacity, binding nature of prior PPAs on successors, and writ jurisdiction limited; exclusive domain of regulatory commission, not courts, to fi....
The CERC has jurisdiction to adjudicate upon disputes involving generating companies or transmission licensees in regard to matters connected with clauses (a) to (d) of Section 79(1). Clause (b) obvi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
