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2022 Supreme(P&H) 588

AMOL RATTAN SINGH, LALIT BATRA
M/s Experion Developers Private Limited – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Kamal Sehgal, Advocate, for the Appellant; Mr. Ankur Mittal, Advocate, Ms. Vasundhara Asija, Ms. Kushaldeep Kaur, Mr. Shivam Garg, Advocates, for the Respondent.

ORDER

Amol Rattan Singh, J. (Oral). - By this petition, the petitioner seeks issuance of a writ in the nature of 'certiorari' setting aside the proceedings pending before the Haryana Real Estate Regulatory Authority, Gurugram, in Complaint Case no.CR/6254/3831/2019 (Annexure P-3).

2. It further seeks quashing of the orders dated 22.10.2021 (Annexure P-17) and 22.02.2022 (Annexure P-20).

3. It also seeks issuance of a writ of 'mandamus/prohibition' restraining the aforesaid authority from acting in contravention of the provisions of the Real Estate (Regulation and Development) Act, 2016 (hereinafter to be referred to as the 'Act')

4. Learned counsel for the petitioner, other than arguing on the merits/demerits of the impugned orders passed by the Haryana Real Estate Regulatory Authority (Annexure P-17 and P-20), has raised a basic issue on the jurisdiction of that Authority to pass the orders, with the contention being that the petitioner having received an occupancy certificate in respect of atleast that part of the project as respondents no.2 and 3 would be concerned with, on 02.03.2017, and the RERA Act having come into effect (as regards Section 3 thereof) only from 01.05.2017, the

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