SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(All) 176

SUNITA AGARWAL, JAYANT BANERJI
Psa Impex Pvt. Ltd. – Appellant
Versus
Satbir Singh – Respondent


Advocates Appeared:
For the Petitioner: Anubhav Singh
For the Respondent: Anil Tiwari

JUDGMENT

1. Heard Sri Anubhav Singh learned counsel appearing for the petitioners and Sri Anil Tiwari learned Senior Advocate assisted by Sri Waseem Masood for respondent no. 2.

2. This bunch of writ petitions have been filed for quashing of the orders passed by respondent no. 2 namely the U.P. Real Estate Regulatory Authority, Gautam Budh Nagar, whereby the petitioners (promoters) had been directed to refund the amount deposited by the allottees alongwith interest. Sole ground pressed to challenge the orders impugned is that single member of the Authority had no jurisdiction to decide the complaint of the respondents/allottees and, as such, the order is illegal being coram non judice.

3. It is vehemently argued by the learned counsel for the petitioners that the Authority as conceptualised under the Real Estate (Regulation and Development) Act, 2016 (In short as “the RERA Act, 2016”) is the Real Estate Regulatory Authority (In Short as “the RERA or the Authority”), established and incorporated under Section 20 of the RERA Act, 2016 by

the appropriate Government.

The constitution/composition of the Authority is provided under Section 21 of the RERA Act, 2016 which states that the Autho

          Click Here to Read the rest of this document
          1
          2
          3
          4
          5
          6
          7
          8
          9
          10
          11
          SupremeToday Portrait Ad
          supreme today icon
          logo-black

          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

          Please visit our Training & Support
          Center or Contact Us for assistance

          qr

          Scan Me!

          India’s Legal research and Law Firm App, Download now!

          For Daily Legal Updates, Join us on :

          whatsapp-icon telegram-icon
          whatsapp-icon Back to top