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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K. PATTANAIK
Chandramani Behera – Appellant
Versus
Bhimsen Guru – Respondent
| Table of Content |
|---|
| 1. background of the real estate project and agreement. (Para 1 , 2) |
| 2. positioning of the appellant as landowner vs. promoter. (Para 3 , 4) |
| 3. formulation of substantial questions of law. (Para 5) |
| 4. discussions on relevant case laws. (Para 6 , 8) |
| 5. understanding of statutory deposits under rera. (Para 10 , 11 , 12) |
| 6. interpretation of the promoter's definition under rera. (Para 14 , 15 , 16) |
| 7. court upholds the necessity of the statutory deposit. (Para 17 , 18 , 19) |
| 8. final order of the court. (Para 20) |
JUDGMENT :
1. Instant appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as ‘the Act’) is filed by the appellant assailing the impugned order dated 7th February, 2025 passed in connection with I.A. No.105 of 2024 of the learned Odisha Real Estate Appellate Tribunal, Bhubaneswar (shortly as ‘the OREAT’) arising out of OREAT Appeal No.181 of 2023, whereby, an application pressed into service by him seeking exemption from payment of the statutory amount as required under Section 43 (5) of the Act was dismissed on the grounds inter alia that such decision demanding the deposit is not legally tenable and hence, liable
A landowner actively involved in a project and sharing profits can be deemed a co-promoter under RERA, thus liable for statutory deposit requirements.
Enforcement of Act, 2016, comes under the purview of ‘promoter’, as defined under Section 2(zk) of Act, 2016, and necessary compliance of pre-deposit, as enshrined under Section 43(5) of Act, 2016
The court upheld the requirement for total deposit of compensation and interest before hearing appeals under the Real Estate Act, affirming RERA's jurisdiction over disputes involving landowners as a....
The main legal point established in the judgment is the broad and expansive nature of the definition of 'Promoter' under the Real Estate (Regulation and Development) Act, 2016, and the joint liabilit....
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.
Individual directors are distinguished from their company under the Real Estate (Regulation and Development) Act, 2016, and are not required to make a deposit based on provisions applying to promoter....
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.
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