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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Vishal Mishra, Avanindra Kumar Singh
Shivsaksh Enterprise Partnership Firm – Appellant
Versus
Bhopal Smart City Development Corporation Limited (Bscdcl) Bhopal M.P. – Respondent
| Table of Content |
|---|
| 1. establishment of real estate project and its specifications. (Para 1) |
| 2. establishment and role of bhopal smart city project (Para 2 , 3) |
| 3. petitioner's allegations of procedural non-compliance (Para 4 , 5 , 6) |
| 4. legal precedents supporting petitioner's arguments (Para 7 , 8) |
| 5. court's examination of facts and rera compliance. (Para 9) |
| 6. non-compliance with rera act requirements by respondents (Para 10 , 11 , 12) |
| 7. court's findings on rera's handling of the petitioner's complaint (Para 13 , 14 , 15 , 16) |
| 8. court's directive for reassessment of the project status (Para 17 , 18) |
| 9. final ruling to allow petitioner's project completion (Para 19) |
ORDER :
Vishal Mishra, J.
Assailing the order dated 13.04.2022 passed by the Real Estate Regulatory Authority as well as the order dated 14.06.2022 passed by the Appellate Authority, the present petition has been filed.
2. It is the case of the petitioner that the petitioner is a Partnership Firm, having registration No.01/01/010028/19 which is engaged mainly in the business of commercial and residential real estate development and constructions works. Shri Sanjeev Agrawal being one of its partner is authorised through resolution
The petitioner cannot be held liable for contractual obligations if the respondent has not fulfilled its obligations under RERA, specifically regarding project registration and necessary facilities f....
The court upheld the authority's decision to allow a housing society to take over a lapsed real estate project, prioritizing home buyers' interests over private disputes.
The Real Estate (Regulation and Development) Act mandates registration for ongoing projects, where completion certificates are absent, emphasizing consumer protection in real estate transactions.
The RERA Act applies to ongoing real estate projects, and the Act's provisions protect the rights of stakeholders, including home buyers and promoters.
The court affirmed that ongoing real estate projects must be registered under RERA to protect allottee interests, regardless of title transfer.
The main legal point established in the judgment is that the delay in completion of the project was not attributable to the Lucknow Development Authority or the State Government, and further extensio....
Complaints under RERA can only be filed for projects capable of registration; lack of necessary permissions renders a project unregistrable, barring complaints.
The completion certificate issued must be strictly in accordance with the sanctioned plan and specifications, and the responsibilities of the promoter include providing and maintaining essential serv....
RERA applies to ongoing projects regardless of completion status, ensuring consumer protection and allowing for grievances to be raised under its provisions.
The RERA Act applies to ongoing projects regardless of completion dates, ensuring consumer grievances are addressed under its provisions.
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