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SURESHWAR THAKUR, VIKAS SURI
Ramprastha Developers Pvt. Ltd. – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. submission of impugned order background. (Para 1) |
| 2. respondents argue that writ petition is not maintainable due to alternative remedy. (Para 2 , 3) |
| 3. petitioners claim jurisdictional defect in rera's assumption of jurisdiction. (Para 4 , 5) |
| 4. discussion of section 3 of rera and registration requirements. (Para 6 , 7 , 8) |
| 5. obligations of promoters and the authorities under rera. (Para 9 , 10 , 11) |
| 6. jurisdictional competence rests on statutory definitions and provisions. (Para 12 , 18 , 21) |
| 7. presence of ill assumed jurisdiction by rera. (Para 13 , 14) |
| 8. non-compliance with rera does not bar claims by allottees. (Para 15 , 16) |
| 9. vesting of adjudicatory jurisdiction remains unaffected by non-compliance. (Para 17 , 19 , 20) |
| 10. rights of aggrieved individuals to raise claims against violations. (Para 22 , 23) |
| 11. competent jurisdiction confirmed regarding aggrieved complaints. (Para 24 , 25) |
| 12. allottee status includes potential buyers based on promised allocations. (Para 26 , 27) |
| 13. dismissal of writ due to availability of alternative remedy. (Para 28) |
| 14. guidance for appeals concerning delays and decisions. (Para 29) |
JUDGMENT :
Mr. Sureshwar Thakur, J.
The instant wr
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.
Complaints under RERA can only be filed for projects capable of registration; lack of necessary permissions renders a project unregistrable, barring complaints.
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 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 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 court affirmed that ongoing real estate projects must be registered under RERA to protect allottee interests, regardless of title transfer.
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