GAHC010228192025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : RERA APPEAL/1/2026 MRS AMINA BEGUM AND 2 ORS.

WIFE OF LATE WASIK ALI, RESIDENT OF PANCH ALI (NH-37), DIBRUGARH, P.O, P.S AND DISTRICT - DIBRUGARH, ASSAM.

2: NASER NAWAZ ALI SON OF LATE WASIK ALI RESIDENT OF PANCH ALI (NH-37)

DIBRUGARH P.O P.S AND DISTRICT - DIBRUGARH ASSAM.

3: WARIS EBAD ALI SON OF LATE WASIK ALI RESIDENT OF PANCH ALI (NH-37)

DIBRUGARH P.O P.S AND DISTRICT - DIBRUGARH ASSAM VERSUS ASOM ESTATE DEVELOPERS PVT. LTD. AND ANR REPRESENTED BY ITS DIRECTOR MD. WASHiM HUSSAIN SAJLI, HAVING ITS REGISTERED OFFICE AT PALTAN BAZAR, NEAR NCC HEAD QUARTER, P.O AND P.S AND DIST- DIBRUGARH, ASSAM 2:REAL ESTATE REGULATORY AUTHORITY ASSAM HAVING ITS OFFICE AT JAWAHAR NAGAR N.H. - 37 GUWAHATI - 78102 Advocate for the Petitioner : MR. JYOTIRMOY ROY, MR. I K BURAGOHAIN,MR. C CHAKRAVARTY,MR. R HAZARIKA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

16.02.2026 Heard Mr. J. Roy, learned Senior Counsel assisted by Mr. R. Hazarika, learned counsel for the appellants.

2. This appeal, under Section 58 of the Real Estate (Regulation and Development) Act, 2016, read with Section 100 and Order XLII Rule 1 & 2 of the Code of Civil Procedure, is directed against the common Judgment and Order, dated 06.08.2025, passed by the learned Real Estate Appellate Tribunal, Assam, in Appeal Nos. REAT/ASSAM/APPEAL No. 06/2025; REAT/ASSAM/APPEAL No. 07/2025 and REAT/ASSAM/APPEAL No. 08/2025. 3. It is to be noted here that vide impugned judgment and order the learned Tribunal had dismissed three appeals, on two counts. Firstly, in para No.15 the Tribunal had held that the appeals are not maintainable for adjudication before RERA. Secondly, in para No. 16, the learned Tribunal had held that the appeals are liable to be dismissed for want of merit also.

4. Perused the memo of appeal and the grounds mentioned therein and the suggested substantial questions of law and also perused the impugned common Judgment and Order, dated 06.08.2025.

5. This second appeal is admitted on the following substantial question of law –

(i) “Whether the finding so recorded by the learned Tribunal, that the project, namely, ‘Orchid Residency’ had stood completed prior to the Act coming into force and that occupation in the building, having been deemed to have been granted by the Dibrugarh Municipal Board by the legal friction, suffers from perversity; while receipt of application, dated 10.03.2016, from the Assam State Developers Private Limited, for occupancy certificate is denied by the Dibrugarh Municipal Board, vide ‘Annexure Nos. 6 & 7’ of the Memo of Appeal?”

6. The Court may also consider framing of further substantial questions of law, if found necessary, at the time of hearing; notifying both the parties. 7. Issue notice to the respondents, returnable in four weeks. Steps be taken by speed post as well as by usual process, within a week from today.

8. Registry shall call for the record from the learned Tribunal.

9. List this matter after 4 (four) weeks JUDGE Comparing Assistant