Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
K. Jayashree, W/o.S.Krishnamoorthy – Appellant
Versus
District Collector, Chengalpattu District – Respondent
ORDER :
D.Bharatha Chakravarthy, J.
The Writ Petition is for Mandamus directing the first and second respondents to take action on the Recovery Warrant dated 25.04.2024 issued in E.P.No.9 of 2024 passed under Section 40(1) of the Real Estate Regulation Act 2016(in short “RERA Act, 2016). By taking action with reference to the specific properties, that are mentioned by the petitioner.
2.When the matter came up for admission, Dr.S.Suriya, learned Additional Government Pleader appearing on behalf of the respondents 1 and 2 would submit that already a demand notice in Form-1 is issued directing the concerned builders to pay the amount and only on expiry of the notice period, further action can be taken.
3.It can be seen that under the RERA Act, 2016, the authority passes the award indicating the compensation/return of the price money, that is to be returned/paid by the builders concerned to the purchasers or the affected persons. The matter does not stop there. The affected persons have to file the execution petition. Once again, after enquiry in the execution petition, the recovery warrant is issued. Once the recovery warrant is issued under Section 41 of the Act, the amount becomes recov
The Real Estate Regulation Act mandates clear procedures for the recovery of amounts due from builders, allowing simultaneous actions against movable and immovable properties.
The Real Estate Regulatory Authority can recover amounts as arrears of land revenue under Section 40(1) of the Act of 2016, independent of Civil Court decrees, thus reinforcing its authority in execu....
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
