Order on Board

08/04/2025

1. With the consent of the parties, the matter is heard finally.

2. The appellant has preferred this miscellaneous appeal, being aggrieved by the order dated 23.12.2024 (Annexure A-1) passed by the Chhattisgarh Real Estate Appellate Tribunal, Raipur (henceforth referred to as “Tribunal, Raipur”) in Appeal No.299/2024 upholding the order dated 16.10.2024 (Anneuxre A-2) passed by the Chhattisgarh Real Estate Regulatory Authority (henceforth referred to as “RERA, Raipur”) in suo moto Case No.SM-URP-2024-02406, whereby RERA, Raipur has held that aforesaid sue moto case is maintainable before it.

3. Issue to be considered by this Court is, whether the status of appellant in respect of the disputed property/land is that of a “promoter” under Sections 3 and 59 of the Real Estate (Regulation and Development) Act, 2016 (henceforth referred to as “the Act, 2016”) or not?

4. Facts of the case, in nutshell, are that on 24.05.2024, RERA, Raipur registered suo moto Case No.SM-URP-2024-02406 against the appellant on the ground that, he had obtained development permission for his land bearing Khasra No.2/14 & others admeasuring area 21,159 sq. ft. situated at Old Police Line,