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MANISH MATHUR
Anupma Sinha – Appellant
Versus
Real Estate Regulatory Authority, U. P. – Respondent
JUDGMENT :
MANISH MATHUR, J.
1. Heard Mr. Kartikey Dubey, learned counsel for petitioner and Mr. Shobhit Mohan Shukla, learned counsel for opposite party No. 1.
2. In view of order being proposed to be passed, notices to opposite party No. 2 stand dispensed with.
3. Petition under Article 227 of the Constitution of India has been filed seeking a direction to the Real Estate Regulatory Authority for taking necessary steps to ensure execution of order dated 22.3.2022 passed in Complaint No. LKO162/08/57523/2020, Anupma Sinha v. M/s. Ansal Properties and Infrastructure Limited. Further relief for issuance of Recovery Certificate under Section 40 of the Real Estate (Regulation and Development) Act, 2016 read with Rule 23 of Rules, 2016 has also been sought.
4. Initially as noticed in order dated 22.3.2023, a preliminary objection has been raised with regard to maintainability of petition under Article 227 of the Constitution of India that the Real Estate Regulatory Authority is neither a Court nor a Tribunal.
5. Learned counsel for petitioner in response to the preliminary objection has placed reliance on judgment rendered by Hon'ble the Supreme Court in the case of Newtech Promoters and Dev
The Real Estate Regulatory Authority is recognized as a quasi-judicial tribunal under Article 227, enabling judicial review of its orders.
where there are two or more parties contesting each other's claim and the statutory authority is required to adjudicate the rival claims between the parties, such a statutory authority was held to be....
Point of Law : One of the fundamental principles in regard to the issuing of a writ of certiorari, is, that the writ can be availed of only to remove or adjudicate on the validity of judicial acts. T....
Point of Law : Section 3(1) prescribes that no promoter shall advertise, sell or offer to sell, or invite persons to purchase any plot, apartment or building in any real estate project which is not r....
Point of law: constitution of the Authority as prescribed in Section 21 of the Act is for the establishment of an Authority as a body corporate under Section 20 of the Act for discharge of its variou....
The jurisdiction of the Real Estate Appellate Tribunal was affirmed, directing adjudication of compensation claims based on statutory authority under RERA.
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