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2020 Supreme(P&H) 1398

S.MURALIDHAR, AVNEESH JHINGAN
Janta Land Promoters Private Limited – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Rajiv Atma Ram, Advocate, Arjun Pratap Atma Ram, Advocate, Harsh Bunger, Advocate, Paritosh Vaid, Advocate, Rakesh Sobti, Advocate, Ramandeep Pandher, Advocate, Sahil Sharma, Advocate, Pradeep Bajwa, Advocate, Vipul Joshi, Advocate, Manju Goyal, Advocate, Satya Pal Jain, Advocate, Shobit Phutela, Advocate, Ajay Kalra, Advocate, Tanvir Jain, Advocate, Rajiv Sharma, Advocate, Brijeshwar Singh Kanwar, Advocate

JUDGMENT

S. Muralidhar, J. - Introduction

    1. This batch of 26 matters, eight of which are appeals under Section 58 of the Real Estate (Regulation and Development) Act, 2016 ('Act') and the remaining are writ petitions under Article 226 of the Constitution of India, raise important questions of law concerning the interpretation of the Act. The writ petitions also seek the quashing of Regulations 7 and 8 of the Punjab Real Estate Regulatory Authority (Procedure for Handling Complaints and Related Matters) Regulations 2017 ('the Punjab RERA Procedure Regulations').

    2. These petitions arise in the background of more or less similar facts and circumstances. Illustratively, therefore, the facts relating to a few of the writ petitions and some of the appeals will be discussed.

      Relevant provisions of the Act

      3. Before proceeding to note the facts, the relevant provisions of the Act and the Punjab RERA Procedure Regulations may be noticed. The Act envisages adjudication by both the Authority in exercise of the powers under Chapter V of the Act and in particular Sections 31, 32, 34, 35 and 40 of the Act and the Adjudicating Officer (AO) in terms of the powers under Chapter VIII of the Act and

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