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2021 Supreme(All) 186

MUNISHWAR NATH BHANDARI, ROHIT RANJAN AGARWAL
Newtech Promoters And Developers Pvt. Ltd. – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Pratik Chandra
For the Respondent: C.S.C.,Wasim Masood

Judgement Key Points

Based on the provided legal document, the Supreme Court did not explicitly rule that the RERA Authority is solely a statutory body with only the expressly conferred powers, lacking inherent power to review or recall final orders. Instead, the Court clarified that the Authority's proceedings are valid even in the presence of vacancies or procedural defects, emphasizing that the Authority's powers are derived from the statute and that its decisions are valid unless challenged through appropriate appellate mechanisms (!) (!) .

Furthermore, the Court did not hold that under Section 18 of RERA, an allottee has an inalienable right to choose between receiving interest for delayed possession or seeking a full refund. Instead, the Court recognized that these remedies are alternative options available to the allottee, and once a specific remedy is chosen, the other becomes unavailable, emphasizing that these are not to be pursued simultaneously (!) (!) .

In summary, the Court upheld the statutory nature of the RERA Authority's powers, clarified the procedural aspects regarding its proceedings, and affirmed the alternative nature of remedies under Section 18, without suggesting that the Authority lacks inherent powers or that the allottee has an inalienable right to a particular remedy.


JUDGMENT

1. Heard Sri Manish Singh with Sri Pratik Chandra and Sri Azhar Ikram, learned counsel for the petitioner. Sri Wasim Masood has put in appearance on behalf of respondents.

2. The writ petition has been filed with the following prayers:

    "(i) Issue an appropriate writ, order or direction declaring the section 24(a) of the U.P. Real Estate Regulatory Authority (General) Regulation, 2019 as ultra vires and contrary to the section 21 and 85 of the RERA Act.

(ii) Issue a writ, order or direction in the nature of Certiorari quashing order dated 5.4.2019 passed Regulatory Authority / Bench No. I, U.P. RERA Regional Office, Gautam Budh Nagar, in Complaint No. 5201810264 (Arvind Kumar Goyel Vs. M/s Newtech Promoters and Developers Pvt. Ltd.).

(iii) Issue a writ, order or direction in the nature certiorari quashing the impugned Recovery Certificate dated 8.9.2020 issued by opposite party no. 4.

(iv) issue a writ, order or direction in the nature of certiorari quashing the impugned Recovery Citation dated 28.9.2020 issued by opposite party no. 5.

(v) Issue a writ, order or direction in the nature of mandamus not to give effect the impugned recovery certificate dated 8.9.2020 and rec

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