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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.VIJAYSEN REDDY
Boinpally Srinivas Rao – Appellant
Versus
State Of Telangana – Respondent
ORDER :
B. VIJAYSEN REDDY, J.
This writ petition is filed seeking a direction from this Court to declare the to issue an appropriate writ order or direction more particularly one in the nature of Writ of Prohibition (A) prohibiting the respondent No.2 from proceeding further with Complaint No.187 of 2024 by declaring that the respondent No.2 has no jurisdiction to entertain, hear or decide Complaint No.187 of 2024 pending before it filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act) by the respondent No.4 against the petitioners as being patently illegal, in contravention of Rule 2(J) of the Telangana State Real Estate (Regulation and Development) Rules, 2017 (‘RERA Rules’) and (B)consequently dismiss the Complaint No.187 of 2024 pending before the respondent No.2 as not maintainable and (C) pass such other order or orders.
2. The petitioners are absolute owners of the land admeasuring Ac.24.11 guntas in Survey Nos.159/Part and 162/Part, Gopanpally Village, Serilingampally Mandal, Ranga Reddy District, Telangana (schedule property). The petitioners applied for building permission from the Greater Hyderabad Municipal Corporation (GHMC) and the sa
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 High Court upheld that jurisdiction for RERA to adjudicate complaints exists even if the promoter lacks registration, emphasizing the rights of aggrieved parties under the Act.
Projects receiving partial occupancy certificates prior to enactment are exempt from certain provisions of Real Estate (Regulation and Development) Act.
Complaints under RERA can only be filed for projects capable of registration; lack of necessary permissions renders a project unregistrable, barring complaints.
The main legal principle established in the judgment is the interpretation and application of the definition of 'ongoing project' under Rule 2(h) of the Uttar Pradesh Real Estate (Regulation and Deve....
RERA applies to ongoing projects regardless of completion status, ensuring consumer protection and allowing for grievances to be raised under its provisions.
The Real Estate (Regulation and Development) Act mandates registration for ongoing projects, where completion certificates are absent, emphasizing consumer protection in real estate transactions.
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