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2026:CGHC:23306

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MA No. 72 of 2026

Sunita Developers Through Authorized Signatory Hemlal Chandrakar S/o- Late Shri

Sevaram Chandrakar, About 55 Year, R/o- Sector-2, Road No. 1, Professor Colony,

Raipur, District- Raipur (C.G.)

... Appellant

versus

Chhattisgarh Real Estate Regulating Authority (Cg Rera), Shastri Chowk, Raipur,

District- Raipur (C.G.)

... Respondent

{Cause title, as taken from CIS}

---------------------------------------------------------------------------------------------------------------

For Petitioner : Mr. Manoj Paranjpe, Senior Advocate

assisted by Mr. Sandeep Patel, Advocate.

For Respondent : Mr. Pranjal Agrawal, Advocate.

---------------------------------------------------------------------------------------------------------------

{Hon'ble Mr. Justice Naresh Kumar Chandravanshi}

Order on Board

15/05/2026

1. This misc. appeal has been filed by appellant – Sunita Developers

challenging the order dated 23.03.2006 (Annexure A-1) passed by Chhattisgarh

Real Estate Appellate Tribunal, Raipur in Appeal No. unregistered/2026 whereby

the application preferred by it under Rule 27 (6) of the Chhattisgarh Real Estate

(Regulation and Development) Rules, 2017 (for brevity, “Rule, 2017”), has been

rejected.

2. Facts of the case, in nutshell, is that respondent – the Real Estate Regulatory

Authority, Raipur (hereinafter referred to as "RERA") registered suo motu Case No.

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SM-URP-2025-02981 against the appellant under Sections 3 and 59 of the Real

Estate (Regulation and Development) Act, 2016 (for short "Act of 2016"); holding

violation of provisions contained in Section 14 (1) of the Act, 2016 and imposed

penalty of Rs. 10,00,000/- against the appellant under Section 61 of the Act, 2016

vide order dated 16.01.2006, which was challenged by the appellant by filing

appeal before Chhattisgarh Real Estate Appellate Tribunal, Raipur, wherein, said

Appellate Tribunal, Raipur vide order dated 16.03.2026, passed peremptory order

directing the appellant to deposit entire penalty of Rs.10,00,000/-, till the next date

of hearing i.e. on 23.03.2026, failing which, appeal shall stand dismissed

automatically.

3. Since appellant failed to deposit aforesaid amount within stipulated period,

therefore, the appellant filed application under Rule 27 (6) of the Rule, 2017 seeking

adjournment and four weeks’ time to deposit compliance amount of Rs.10,00,000/-.

That application was rejected by Tribunal, therefore, instant appeal has been

preferred.

4. At the outset, learned counsel for the appellant would submit that appellant is

ready to deposit entire penalty amount of Rs.10,00,000/- within a period of 30 days,

therefore, this petition may be disposed of directing the said Appellate Tribunal to

restore the appeal filed by the appellant subject to deposit of the aforesaid

amount within 30 days.

5. Counsel for the respondents raised formal objection to the prayer made by

counsel for the appellant.

6. I have heard learned counsel for the parties and perused the material

available on record.

7. Having considered limited issue of the case, without entering into the merits

of the case, no useful purpose would be served in keeping this matter pending,

therefore, this appeal is disposed of directing the appellant to deposit entire penalty

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amount of Rs. 10,00,000/- before the authority concerned within a period of 30 days

from the date of receipt/ submission of copy of this order, in light of provision under

Section 43 (5) of the Act, 2016, thereafter, Chattisgarh Real Estate Appellate

Tribunal is directed to restore the appeal filed by the appellant for hearing &

disposal in accordance with law.

8. With the aforesaid observations & directions, the writ petition stands disposed

of.

Sd/-

(Naresh Kumar Chandravanshi)

Judge

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