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SUBODH ABHYANKAR
G. S. Enterprises, Indore – Appellant
Versus
Yogesh Agrawal – Respondent
| Table of Content |
|---|
| 1. jurisdiction of real estate appellate tribunal. (Para 2 , 3) |
| 2. factual basis of the appeal. (Para 6 , 7) |
| 3. arguments on the appellate tribunal's constitution. (Para 8 , 9 , 10 , 11) |
| 4. implications of tribunal's composition on judgments. (Para 24 , 25 , 31) |
| 5. outcome of the appeal and further proceedings. (Para 32 , 34) |
JUDGMENT :
Heard finally, with the consent of the parties.
2. This civil second appeal has been filed under section 58 of the Real Estate (Regulation and Development) Act, 2016 (in short ‘the Act of 2016’) and under section 100 of the Code of Civil Procedure, 1908 against the judgment dated 7-6-2021, passed by Member, Madhya Pradesh Real Estate Appellate Tribunal at Bhopal in Appeal No. A-135/2019, thereby reversing the order dated 10-6-2019, passed by the M.P. Real Estate Regulatory Authority (in short, RERA) in Case No. M-IND-17-0761 of 2017.
3. This appeal was admitted by this Court vide order dated 5-10-2021, on the following substantial question of law :—
Judgments must be delivered by the Bench that conducted the hearing; failing this constitutes a nullity, violating fundamental principles of judicial procedure.
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.
The jurisdiction of the Real Estate Appellate Tribunal was affirmed, directing adjudication of compensation claims based on statutory authority under RERA.
An Appellate Tribunal has the authority to appoint a Commission for evidence gathering as per its powers under the Real Estate Act, beyond strict CPC adherence.
The remand order should be for the purpose of hearing alone based on the enquiry already done, and there was no need to start a fresh enquiry in the proceedings before the Regulatory Authority.
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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