* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:03.03.2025 Pronounced on: 30.05.2025 + RERA APPEAL 1/2024 & CM APPL. 2810/2024, CMAPPL. 2812/2024 M/S REVANTA MULTISTATE CGHS LTD ....Appellant Through: Mr.FanishK.Jain, Adv.

versus SUNNY SAPEN ..... Respondent Through: Mr.Asif Ali, Mohd.Aarif, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR

J U D G M E N T

NAVIN CHAWLA, J.

1. This appeal has been filed by the appellant, under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (in short, ‘RERA Act’), challenging the Order dated 16.08.2023 (hereinafter referred to as the ‘Impugned Order’) passed by the Real Estate Appellate Tribunal, NCT of Delhi (in short, ‘Appellate Tribunal’) in RERA Appeal No. 13/REAT/2021, whereby the appeal of the appellant herein against the Order dated 22.01.2021 passed by the Real Estate Regulatory Authority for the National Capital Territory of Delhi (in short, ‘RERA Authority’) in Comp. No.64/2019, was dismissed.

Brief Facts:-

2. The appellant herein is a Society registered under Section 7 of the Multi-State Cooperative Societies Act, 2002 (in short, ‘Societies Signature Not Verified Digitally Signed By:RENUKA NEGI Act’) vide Registration Certificate dated 02.06.2014, issued by the office of the Central Registrar of Cooperative Societies, New Delhi.

3. It is the case of the appellant Society that it was formed with the objective of providing affordable housing to its members, keeping in view the Land Pooling Policy as per the Delhi Master Plan, 2021 (in short, ‘Master Plan’) notified by the Delhi Development Authority (in short, ‘DDA’) on 05.09.2013. The role of the appellant Society was to purchase the land from the contributions of its members and to ensure a planned and well managed platform to facilitate land pooling of land parcels at L-Zone, as per the guideline mentioned in the Master Plan.

4. It is the case of the appellant Society that it had a target to purchase 50 acres of land for the Society for surrendering the same to DDA. Thereafter, DDA was to return 60% of the developed land to the Society in terms of the Notification dated 05.09.2013, and the housing project for the members of the Society was to be constructed on the said developed land allotted to the Society. The members were asked to give their respective choices regarding the flats so as to determine their contribution towards the purchase cost of the land. The contributions to be collected from the members were based on a ‘Construction Link Plan’.

5. It is the case of the appellant Society that, at its first stage, it invited applications from the individuals for becoming member of the appellant Society by submitting an application form, and by depositing the membership fee of Rs.l,000/- and annual operation charges of Rs.9,900/-. The respondent herein was also one such Signature Not Verified Digitally Signed By:RENUKA NEGI applicant who had applied for the membership of the appellant Society vide the membership form bearing no. SR70161 dated

28.05.2015, and deposited the requisite fee.

6. The respondent, while becoming a member, also submitted a choice in respect of the category of flat vide the Housing Scheme Application Form, wherein, the respondent opted for a 3BHK unit, for which he was to contribute Rs. 1,350 per Sq. Ft. as the land cost.

7. It is the case of the appellant Society that DDA started accepting the submission of the land parcels only on 05.02.2019.

8. The appellant Society started assembling the land for surrendering it, and submitted the purchased land to DDA on 23.06.2019. However, the DDA failed to take further action as per the Land Pooling Policy till the time 70% of the total land available in the concerned Sector is not submitted to the DDA.

9. The appellant Society contends that since there is no land allocated to the appellant Society by the DDA, and till now it has merely collected the funds from its members for the purchase of the land to surrender the same to