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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C. KUMARAPPAN, J, ANITA SUMANTH
Real Estate Regulatory Authority, rep. by its Chairperson, Thalaimuthu Natarajan Maligai – Appellant
Versus
S.M. Syed Abdul Khader Mutawalli, S.M.M. Mohideen Wakf Alal Aulad – Respondent
| Table of Content |
|---|
| 1. petitioner's ownership and project development. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. r1's planning permission and lease dispute. (Para 14 , 15 , 16 , 17) |
| 3. authority's purpose and regulatory framework. (Para 19 , 20 , 21 , 22 , 23) |
| 4. registration's applicability to lease agreements. (Para 44 , 45 , 46 , 47 , 48) |
| 5. interpretation of act regarding sales versus leases. (Para 58 , 59) |
| 6. court's decision on the legality of orders. (Para 82 , 83 , 84) |
JUDGMENT :
(ANITA SUMANTH, J.)
This common order is passed disposing the writ appeal and connected writ petition since the questions that arise for resolution are one and the same, and they have thus been clubbed to be heard together. The facts involved also turn more or less on a similar factual matrix.
Facts in W.P.No.32506 of 2023 and submissions of Mr.Karunakaran:
2. First, the facts in W.P.No. 32506 of 2023 as set out by Mr.Karunakaran, appearing for the petitioner. The petitioner claims to be the owner of lands in several survey numbers in MMRD Road (Radial Road) in Zamin Pallavaram village (property / property in question). The Petitioner set about developing a commercial complex comprising triple basement floors
Registration under the Real Estate (Regulation and Development) Act is not mandatory when a project has received a completion certificate and is not intended for sale or long-term lease.
The main legal point established in the judgment is the retrospective or retroactive operation of RERA, 2016, and the mandatory registration requirement for ongoing projects with completion certifica....
The Real Estate (Regulation and Development) Act mandates registration for ongoing projects, where completion certificates are absent, emphasizing consumer protection in real estate transactions.
The court affirmed that ongoing real estate projects must be registered under RERA to protect allottee interests, regardless of title transfer.
The definition of 'promoter' under RERA allows for developers without land ownership to register projects, and failure by UPRERA to act within statutory timeframes results in deemed registration.
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.
Sub-Section (1) of Section 3 interdicts promoters from advertising, marketing, booking, selling, offering for sale or inviting persons to purchase in any manner any plot, apartment or building, as ca....
Complaints under RERA can only be filed for projects capable of registration; lack of necessary permissions renders a project unregistrable, barring complaints.
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