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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
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) was justified in holding that the complaint was premature, and if so, then a finding on the issue of cancellation could not have been decided especially without any evidence and finding on the point of any breach committed by the appellant of the allotment order or its term?
(ii) Whether the judgment passed by the appellate tribunal suffers from vice of being coram non judice in light of Section 43 (3) read with Section 45 of the RERA Act, 2016.
(iii) Whether findings recorded by the appellate tribunal can be sustained in absence of material placed before the RERA relating to the issue of consideration paid towards the allotment of the units and breach of the terms of allotment by the appellant.”
3. Learned counsel for the appellant argues that question No.2 has been framed with
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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