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2020 Supreme(All) 1057

SURYA PRAKASH KESARWANI, YOGENDRA KUMAR SRIVASTAVA
Paramount Prop Build Pvt. Ltd Through Its Signatory Mr. Anil Kumar Gupta – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Syed Imran Ibrahim, Gaurav Tripathi
For the Respondent: C.S.C., Ajeet Kumar Singh, Archana Singh, Wasim Masood

JUDGMENT :

1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondent no. 1 and Sri Wasim Masood, learned counsel for the respondent no. 3.

2. The petitioner is promoter of 'Paramount Golf Foreste' project. The respondent nos. 4 to 50 are allottees, who have filed complaints before the Real Estate Regulatory Authority, Gautam Budh Nagar. By the impugned orders, the authority has directed the petitioner to handover possession of the apartments to the allottees within sixty days and also to pay interest on delayed completion of project.

3. Aggrieved with the impugned orders, the petitioners have filed present writ petition.

4. This Court specifically confronted the learned counsel for the petitioners with the provisions of Section 43 (5) of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'the Act, 2016) and as to whether the petitioner would exercise the option to avail the remedy of appeal but the learned counsel for the petitioner stated that he desired to raise a challenge to the jurisdiction of the authority to pass the impugned orders and in light of the same, he may be permitted to press the writ petition and therefor

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