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2025 Supreme(Online)(All) 96218
IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Pankaj Bhatia, J
Yamuna Expressway Industrial Development Authority – Appellant
Versus
Raj Kumar Goyal – Respondent
RERA Appeal No.124 of 2023 | RERA Appeal No.118 of 2023 | RERA Appeal No.120 of 2023 | RERA Appeal No.126 of 2023 | RERA Appeal No.127 of 2023 | RERA Appeal No.128 of 2023 | RERA Appeal No.129 of 2023 | RERA Appeal No.130 of 2023 | RERA Appeal No.131 of 2023 | RERA Appeal No.132 of 2023 | RERA Appeal No.133 of 2023 | RERA Appeal No.134 of 2023 | RERA Appeal No.135 of 2023 | RERA Appeal No.136 of 2023 | RERA Appeal No.137 of 2023 | RERA Appeal No.138 of 2023 | RERA Appeal No.139 of 2023 | RERA Appeal No.140 of 2023 | RERA Appeal No.141 of 2023 | RERA Appeal No.142 of 2023 | RERA Appeal No.144 of 2023 | RERA Appeal No.145 of 2023 | RERA Appeal No.146 of 2023 | RERA Appeal No.148 of 2023 | RERA Appeal No.149 of 2023 | RERA Appeal No.151 of 2023 | RERA Appeal No.152 of 2023 | RERA Appeal No.153 of 2023 | RERA Appeal No.154 of 2023 | RERA Appeal No.155 of 2023 | RERA Appeal No.156 of 2023 | RERA Appeal No.157 of 2023 | RERA Appeal No.158 of 2023 | RERA Appeal No.159 of 2023 | RERA Appeal No.160 of 2023 | RERA Appeal No.161 of 2023 | RERA Appeal No.162 of 2023 | RERA Appeal No.163 of 2023 | RERA Appeal No.164 of 2023 | RERA Appeal No.165 of 2023 | RERA Appeal No.166 of 2023 | RERA Appeal No.167 of 2023 | RERA Appeal No.168 of 2023 | RERA Appeal No.169 of 2023 | RERA Appeal No.170 of 2023 | RERA Appeal No.172 of 2023 | RERA Appeal No.173 of 2023 | RERA Appeal No.174 of 2023 | RERA Appeal No.176 of 2023 | RERA Appeal No.177 of 2023 | RERA Appeal No.178 of 2023 | RERA Appeal No.179 of 2023 | RERA Appeal No.180 of 2023 | RERA Appeal No.181 of 2023 | RERA Appeal No.182 of 2023 | RERA Appeal No.183 of 2023 | RERA Appeal No.184 of 2023 | RERA Appeal No.185 of 2023 | RERA Appeal No.186 of 2023 | RERA Appeal No.187 of 2023 | RERA Appeal No.188 of 2023 | RERA Appeal No.189 of 2023 | RERA Appeal No.190 of 2023 | RERA Appeal No.191 of 2023 | RERA Appeal No.192 of 2023 | RERA Appeal No.194 of 2023 | RERA Appeal No.195 of 2023 | RERA Appeal No.196 of 2023 | RERA Appeal No.197 of 2023 | RERA Appeal No.198 of 2023 | RERA Appeal No.199 of 2023 | RERA Appeal No.203 of 2023 | RERA Appeal No.205 of 2023 | RERA Appeal No.206 of 2023 | RERA Appeal No.207 of 2023 | RERA Appeal No.208 of 2023 | RERA Appeal No.209 of 2023 | RERA Appeal No.210 of 2023 | RERA Appeal No.211 of 2023 | RERA Appeal No.212 of 2023 | RERA Appeal No.213 of 2023 | RERA Appeal No.214 of 2023 | RERA Appeal No.215 of 2023 | RERA Appeal No.216 of 2023 | RERA Appeal No.217 of 2023 | RERA Appeal No.218 of 2023 | RERA Appeal No.220 of 2023 | RERA Appeal No.221 of 2023 | RERA Appeal No.222 of 2023 | RERA Appeal No.223 of 2023 | RERA Appeal No.225 of 2023 | RERA Appeal No.226 of 2023 | RERA Appeal No.227 of 2023 | RERA Appeal No.228 of 2023 | RERA Appeal No.230 of 2023 | RERA Appeal No.231 of 2023 | RERA Appeal No.232 of 2023 | RERA Appeal No.233 of 2023 | RERA Appeal No.234 of 2023 | RERA Appeal No.236 of 2023 | RERA Appeal No.237 of 2023 | RERA Appeal No.238 of 2023 | RERA Appeal No.239 of 2023 | RERA Appeal No.240 of 2023 | RERA Appeal No.241 of 2023 | RERA Appeal No.242 of 2023 | RERA Appeal No.224 of 2023 | RERA Appeal No.229 of 2023 | RERA Appeal No.235 of 2023 | RERA Appeal No.243 of 2023 | RERA Appeal No.244 of 2023 | RERA Appeal No.245 of 2023 | RERA Appeal No.246 of 2023 | RERA Appeal No.247 of 2023 | RERA Appeal No.248 of 2023 | RERA Appeal No.249 of 2023 | RERA Appeal No.250 of 2023 | RERA Appeal No.251 of 2023 | RERA Appeal No.252 of 2023 | RERA Appeal No.253 of 2023 | RERA Appeal No.254 of 2023 | RERA Appeal No.256 of 2023 | RERA Appeal No.257 of 2023 | RERA Appeal No.258 of 2023 | RERA Appeal No.259 of 2023 | RERA Appeal No.260 of 2023 | RERA Appeal No.261 of 2023 | RERA Appeal No.262 of 2023 | RERA Appeal No.263 of 2023 | RERA Appeal No.264 of 2023 | RERA Appeal No.265 of 2023 | RERA Appeal No.266 of 2023 | RERA Appeal No.267 of 2023 | RERA Appeal No.268 of 2023 | RERA Appeal No.269 of 2023 | RERA Appeal No.270 of 2023 | RERA Appeal No.271 of 2023 | RERA Appeal No.272 of 2023 | RERA Appeal No.273 of 2023 | RERA Appeal No.274 of 2023 | RERA Appeal No.275 of 2023 | RERA Appeal No.276 of 2023 | RERA Appeal No.277 of 2023 | RERA Appeal No.278 of 2023 | RERA Appeal No.279 of 2023 | RERA Appeal No.280 of 2023 | RERA Appeal No.281 of 2023 | RERA Appeal Defective No.2 of 2024 | RERA Appeal Defective No.6 of 2024
Important Points
Subject
Real Estate Law - Housing and Urban Development
Act Referred
Constitution of India: Art.142, Art.226, Art.14
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002: S.18, S.13(4)
Indian Contract Act, 1872: S.171
Headnote
(B) Interest - Quantification - Where statutes or rules are silent on specific interest rates, circulars issued by regulatory authorities under statutory powers are binding - Rate of MCLR plus 1% is the permissible standard in absence of other prescribed rates. (Paras 12, 18, 19)
(C) Appellate Procedure - Pre-deposit under Section 43(5) - Nature of deposit is a discharge of liability rather than mere security - Appellate authorities are entitled to order appropriation of such deposits towards adjudicated dues, subject to surplus refund if the final liability is lower. (Paras 10, 14, 37)
(D) Adjudication - Powers of Appellate Tribunal - Appellate authority vested with appellate and revisional powers may exercise the jurisdiction of the original authority to grant relief without need for remand, particularly when no fresh evidence is required. (Paras 20, 21)
Facts of the case:
A housing authority launched a residential plot scheme. Due to agitation and subsequent litigation, the development of the project was delayed. Allottees filed complaints seeking possession and interest for the delay. The authority argued that delays were due to factors beyond their control and cited zero-period exemptions. The regulatory body allowed the claims for interest. In appeals, while the tribunal upheld the claims, it modified the interest rates and directed the transfer of statutory pre-deposit amounts for appropriation against the awarded dues.
Findings of Court:
Regulatory authorities may prescribe interest via circulars when rules are silent. Pre-deposit amounts statutory required for appeals are payments towards discharge of liability, permitting their appropriation towards final awards. The tribunal has sufficient powers to grant interest directly without remanding matters.
Issues: Whether the appellate tribunal was justified in granting interest at a specific rate (MCLR plus 1%) in the absence of explicit rules, and whether pre-deposit amounts under Section 43(5) are liable to be appropriated against adjudicated dues.
Ratio Decidendi: The statute enables the levy of interest in case of project failure. Where specific rates are not prescribed in rules, administrative circulars issued under statutory powers hold valid force. Pre-deposit amounts are not mere security but part-payment of liability, thus the appellate authority acts within its scope by ordering their appropriation to satisfy claims without violating legal principles.
Result: Appeals dismissed/disposed of with directions.
For the Appellants/Petitioners: Prashant Kumar Singh, Al-Aisha
For the Respondents: Nirmit Srivastava, Avinash Singh Vishen, Gaurav Mehrotra, Harendra Prakash Srivastava, Amit Chaudhary, Shishir Raj, Asit Srivastava, Nirmit Srivastava, Abhijeet Jaiswal, Ayush Tandon, Surangama Sharma, K.K. Ahuja, Ashok Kumar Singh, Shweta Shahi, Abhay Pratap Yadav, Sachin Gupta, Vidhu Bhushan Kalia, Vijay Kumar Pandey, Sagun Chandra Rastogi, Harish Pandey, Mahima Pahwa, Jagriti Vashisht
| Table of Content |
|---|
| 1. failure to deliver plots timely entitles allottees to interest compensation under rera. (Para 4 , 5) |
| 2. pre-deposit under rera section 43(5) is part of fixed liability, not refundable until appeal success. (Para 6 , 10 , 11 , 14 , 15 , 16) |
| 3. pre-rera contracts with essential terms constitute agreements attracting rera interest rates (mclr+1%). (Para 7 , 8 , 9 , 12 , 13) |
| 4. appellate tribunal holds inherent powers to grant interest directly without remanding matter. (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 5. parties may consent to adopt reasoning from identical, previously decided cases. (Para 23 , 24 , 25) |
ALONG WITH
FIRST SET OF APPEALS
| Sl. No. | Details of Appeals | Sl. No. | Details of Appeals |
|---|---|---|---|
| 1 | RERA Appeal No.118 of 2023 | 2 | RERA Appeal No.120 of 2023 |
| 3 | RERA Appeal No.126 of 2023 | 4 | RERA Appeal No.127 of 2023 |
| 5 | RERA Appeal No.128 of 2023 | 6 | RERA Appeal No.129 of 2023 |
| 7 | RERA Appeal No.130 of 2023 | 8 | RERA Appeal No.131 of 2023 |
| 9 | RERA Appeal No.132 of 2023 | 10 | RERA Appeal No.133 of 2023 |
| 11 | RERA Appeal No.134 of 2023 | 12 | RERA Appeal No.135 of 2023 |
| 13 | RERA Appeal No.136 of 2023 | 14 | RERA Appeal No.137 of 2023 |
| 15 | RERA Appeal No.138 of 2023 | 16 | RERA Appeal No.139 of 2023 |
| 17 | RERA Appeal No.140 of 2023 | 18 | RERA Appeal No.141 of 2023 |
| 19 | RERA Appeal No.142 of 2023 | 20 | RERA Appeal No.144 of 2023 |
| 21 | RERA Appeal No.145 of 2023 | 22 | RERA Appeal No.146 of 2023 |
| 23 | RERA Appeal No.148 of 2023 | 24 | RERA Appeal No.149 of 2023 |
| 25 | RERA Appeal No.151 of 2023 | 26 | RERA Appeal No.152 of 2023 |
| 27 | RERA Appeal No.153 of 2023 | 28 | RERA Appeal No.154 of 2023 |
| 29 | RERA Appeal No.155 of 2023 | 30 | RERA Appeal No.156 of 2023 |
| 31 | RERA Appeal No.157 of 2023 | 32 | RERA Appeal No.158 of 2023 |
| 33 | RERA Appeal No.159 of 2023 | 34 | RERA Appeal No.160 of 2023 |
| 35 | RERA Appeal No.161 of 2023 | 36 | RERA Appeal No.162 of 2023 |
| 37 | RERA Appeal No.163 of 2023 | 38 | RERA Appeal No.164 of 2023 |
| 39 | RERA Appeal No.165 of 2023 | 40 | RERA Appeal No.166 of 2023 |
| 41 | RERA Appeal No.167 of 2023 | 42 | RERA Appeal No.168 of 2023 |
| 43 | RERA Appeal No.169 of 2023 | 44 | RERA Appeal No.170 of 2023 |
| 45 | RERA Appeal No.172 of 2023 | 46 | RERA Appeal No.173 of 2023 |
| 47 | RERA Appeal No.174 of 2023 | 48 | RERA Appeal No.176 of 2023 |
| 49 | RERA Appeal No.177 of 2023 | 50 | RERA Appeal No.178 of 2023 |
| 51 | RERA Appeal No.179 of 2023 | 52 | RERA Appeal No.180 of 2023 |
| 53 | RERA Appeal No.181 of 2023 | 54 | RERA Appeal No.182 of 2023 |
| 55 | RERA Appeal No.183 of 2023 | 56 | RERA Appeal No.184 of 2023 |
| 57 | RERA Appeal No.185 of 2023 | 58 | RERA Appeal No.186 of 2023 |
| 59 | RERA Appeal No.187 of 2023 | 60 | RERA Appeal No.188 of 2023 |
| 61 | RERA Appeal No.189 of 2023 | 62 | RERA Appeal No.190 of 2023 |
| 63 | RERA Appeal No.191 of 2023 | 64 | RERA Appeal No.192 of 2023 |
| 65 | RERA Appeal No.194 of 2023 | 66 | RERA Appeal No.195 of 2023 |
| 67 | RERA Appeal No.196 of 2023 | 68 | RERA Appeal No.197 of 2023 |
| 69 | RERA Appeal No.198 of 2023 | 70 | RERA Appeal No.199 of 2023 |
| 71 | RERA Appeal No.203 of 2023 | 72 | RERA Appeal No.205 of 2023 |
| 73 | RERA Appeal No.206 of 2023 | 74 | RERA Appeal No.207 of 2023 |
| 75 | RERA Appeal No.208 of 2023 | 76 | RERA Appeal No.209 of 2023 |
| 77 | RERA Appeal No.210 of 2023 | 78 | RERA Appeal No.211 of 2023 |
| 79 | RERA Appeal No.212 of 2023 | 80 | RERA Appeal No.213 of 2023 |
| 81 | RERA Appeal No.214 of 2023 | 82 | RERA Appeal No.215 of 2023 |
| 83 | RERA Appeal No.216 of 2023 | 84 | RERA Appeal No.217 of 2023 |
| 85 | RERA Appeal No.218 of 2023 | 86 | RERA Appeal No.220 of 2023 |
| 87 | RERA Appeal No.221 of 2023 | 88 | RERA Appeal No.222 of 2023 |
| 89 | RERA Appeal No.223 of 2023 | 90 | RERA Appeal No.225 of 2023 |
| 91 | RERA Appeal No.226 of 2023 | 92 | RERA Appeal No.227 of 2023 |
| 93 | RERA Appeal No.228 of 2023 | 94 | RERA Appeal No.230 of 2023 |
| 95 | RERA Appeal No.231 of 2023 | 96 | RERA Appeal No.232 of 2023 |
| 97 | RERA Appeal No.233 of 2023 | 98 | RERA Appeal No.234 of 2023 |
| 99 | RERA Appeal No.236 of 2023 | 100 | RERA Appeal No.237 of 2023 |
| 101 | RERA Appeal No.238 of 2023 | 102 | RERA Appeal No.239 of 2023 |
| 103 | RERA Appeal No.240 of 2023 | 104 | RERA Appeal No.241 of 2023 |
| 105 | RERA Appeal No.242 of 2023 | ||
| SECOND SET OF APPEALS | |||
| 106 | RER | ||
