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2024 Supreme(MP) 22

SUBODH ABHYANKAR
Skye Earth Developers (P) Ltd. – Appellant
Versus
M. P. Real Estate Regulatory Authority – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Amit Agrawal, Savil Parashar.
For the Respondent: Sudhanshu Vyas.

ORDER :

1. Heard finally, with the consent of the parties.

2. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India assailing the order dated 03.10.2023, passed by the M.P. Real Estate Regulatory Authority, Bhopal whereby the petitioner’s application for registration of project has been rejected on certain grounds including that the petitioner has not registered the decrees dated 23.11.1994, which is in violation of Section 4(2)(l)(m) of the Real Estate Regulation and Development Act, 2016 (in short “the Act of 2016”).

3. Shri Amit Agrawal, learned Senior counsel for the petitioner has drawn the attention of this Court to both the decrees dated 23.11.1994, which have been passed in favour of the owners of the land, namely, Hanif and Anwar respectively. Shri Agrawal has submitted that on the basis of the aforesaid decrees, which have already attained the finality, the owners of the land have entered into a development agreement with the petitioner-company vide development agreement dated 02.09.2021 (Annexure P/11). It is further submitted that the aforesaid agreement is also registered with stamp duty duly paid. Senior counsel has submitted

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