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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
PANKAJ BHATIA
Shashank Gupta – Appellant
Versus
Vatika Nirman Private Limited Lko. Thru. Authorized Signatory – Respondent
| Table of Content |
|---|
| 1. admission of appeal and framed questions of law. (Para 1 , 2) |
| 2. arguments regarding jurisdiction and future litigation. (Para 3 , 4 , 7) |
| 3. overview of rera appellate tribunal's judgement process. (Para 5 , 6) |
| 4. validity of tribunal's composition and prior orders. (Para 8 , 9 , 11) |
| 5. establishment and functions of the appellate tribunal under rera. (Para 12 , 13 , 14) |
| 6. qualifications and composition of appellate tribunal members. (Para 15 , 16 , 17) |
| 7. interpretation of sections 43, 45, and 55 of rera act. (Para 18 , 19 , 20) |
| 8. judicial norms on appellate tribunal's bench composition. (Para 21 , 22) |
| 9. non-compliance of statutory requirements leads to void orders. (Para 24) |
| 10. conclusion: direction to appellate tribunal to adjudicate afresh. (Para 26 , 27 , 28) |
JUDGMENT :
Pankaj Bhatia, J.
1. Heard Shri Apoorva Tewari, learned counsel for the appellant and Shri Gaurav Mehrotra, learned counsel for the respondent.
2. The appeal in question was admitted vide order dated 22.04.2025, wherein the following three questions of law were framed by the Court while admitting the appeals and the same is recorded herein-under:
“(i) Whether the REAT (Real Estate Appellate Tribunal) w
The Real Estate Appellate Tribunal's orders are invalid if not composed according to statutory requirements, necessitating both a Judicial Member and a Technical Member for valid adjudication.
Judgments must be delivered by the Bench that conducted the hearing; failing this constitutes a nullity, violating fundamental principles of judicial procedure.
The jurisdiction of the Real Estate Appellate Tribunal was affirmed, directing adjudication of compensation claims based on statutory authority under RERA.
Special appeals against tribunal decisions are barred under Section 100-A CPC, confirming that such tribunals lack the status of a court for appeal purposes.
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....
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