Ramprastha Promoters And Developers Private Limited vs Union Of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 1251

TEJINDER SINGH DHINDSA, VINOD S. BHARDWAJ
Ramprastha Promoters And Developers Private Limited – Appellant
Versus
Union Of India – Respondent

Mr. Arun Walia, Sr. Advocate with Mr. Marinal Sharma, Advocate, Mr. Ashish Chopra, Sr. Advocate with Ms. Swati Dayalan and Ms. Nitika Sharma, Advocates, Mr. Mukul Agarwal, Advocate, Mr. Ajiteshwar Singh, Advocate, Mr. Vineet Sehgal, Advocate, Mr. Sachin Mittal and Mr. Akshat Mittal, Advocates, for the Appellant; Mr. Satya Pal Jain, Additional Solicitor General of India with Mr. Sobit Phutela, Advocate and Ms. Tanvi Jain, Advocate for Union of India. Mr. Ankur Mittal, Additional AG Haryana with Mr. Saurabh Mago, Assistant Ag Haryana. Mr. Ankur Mittal, Advocate with Ms. Kushaldeep K. Manchanda, Mr. Shivam Garg, Advocate and Ms. Varsha Sharma, Advocate for Respondent-Rera. Mr. Sandeep Singh, Advocate, Mr. Neeraj Sheoran, Advocate, Mr. Himanshu Jain, Mr. Abhay Jain and Mr. Rishab Jain, Advocates, Mr. Anurag Jain and Ms. Preeti Taneja, Advocates, Mr. Narender Kumar Sharma and Ms. Suman Sharma, Advocates, Mr. Tanuj Aggarwal and Mr. Sunil Kumar Dhanda, Advocate, Mr. Govind Rishi and Mr. Saurabh Gulia, Advocates, Mr. Sanjeev Gupta, Advocate, Mr. Manish Shukla, Mr. Nilotpal Shyam and Ms. Shivali, Advocates, for the Respondent.

Table of Content
1. details of specific prayers by developers in their complaints. (Para 4 , 5 , 6)
2. arguments against the jurisdiction of rera authority. (Para 10 , 11)
3. court's analysis on powers of rera authority versus adjudicating officer. (Para 17 , 20)
4. emphasis on statutory nature of pre-deposit. (Para 19 , 40)
5. court reiterates the independence of its jurisdiction under article 226. (Para 22 , 26)
6. final conclusions on petitions and conditions for pre-deposit. (Para 52 , 54)

JUDGMENT

Vinod S. Bhardwaj, J. - The two questions that arise for consideration in the present batch of petitions relates to the jurisdiction of Authority to direct refund of the amount with/without of interest and the power of High Court under Article 226 of the Constitution of India to relax the condition of pre-deposit under Section 43(5) of RERA Act, 2016.

2. By this common order, we intend to dispose of a batch of writ petitions involving common questions of law. To demonstrate the similarity of issues, reference to the prayers from lead case of each batch have been extracted. The said writ petitions have been filed by respective Companies against the orders passed by the Haryana Real Estate Regu

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2022 Supreme(P&H) 1251

TEJINDER SINGH DHINDSA, VINOD S. BHARDWAJRamprastha Promoters And Developers Private Limited – AppellantVersusUnion Of India – Respondent

Cases Referred (12)

TEJINDER SINGH DHINDSA, VINOD S. BHARDWAJ
Ramprastha Promoters And Developers Private Limited – Appellant
Versus
Union Of India – Respondent