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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Parveen Gambhir – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Sureshwar Thakur, J. - Through the instant writ petition, the petitioners seek the quashing of the directions dated 25.1.2021 (Annexure P-19) issued by respondent No. 2 under Section 83 of the Real Estate (Regulation and Development) Act, 2016 (for short the RE RA Act'), and, also seek the quashing of the in-principal approval dated 4.3.2021 (Annexure P-21) granted for the fourth Occupation Certificate, issued by respondent No. 4.
2. In addition, the petitioners also seek the hereinafter extracted reliefs.
(i) To issue directions upon the respondents concerned, to furnish the complete status of the project and conduct a fresh site inspection by respondent No. 5 in the presence of buyers' representatives to determine all violations of sanctioned plans.
(ii) For the issuance of directions upon respondents No. 3 to 5 to ensure that respondent No. 6 complies with the sanctioned plan for the project concerned.
(iii) For the issuance of a writ in the nature of certiorari seeking quashing of any amendment to the project sought by respondent No. 6, being contrary to the provisions of RERA.
Brief facts of the case
3. It is averred in the instant petition, that a group housing project, n
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 RERA Act applies to ongoing real estate projects, and the Act's provisions protect the rights of stakeholders, including home buyers and promoters.
The distinction between occupancy certificate and completion certificate is crucial in determining the applicability of the Real Estate (Regulation and Development) Act, 2016, and the requirement for....
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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