HIGH COURT OF KERALA
M.R.ANITHA, J
SHWAS HOMES PRIVATE LTD., REPRESENTED BY MANAGING DIRECTOR MR.SREENI PARAMESWARAN – Appellant
Versus
MOON WATERS OWNERS ASSOCIATION REPRESENTED BY ITS SECRETARY MR.MADHAVAN UNNI – Respondent
JUDGMENT
Dated this the 29th day of May, 2023 The above MSAs were filed against the common judgment in REFA Nos.17, 18, 27 & 30 of 2022 of the Kerala State Real Estate Appellate Tribunal, Ernakulam.
2. Heard both sides.
3. M.S.A. No.1/2023 admitted on the following substantial questions of law:
(a) Whether section 3 the Real Estate regulation and Development Act, 2016 contemplates registration when the completion of the project and issue of occupancy certificate under the relevant local law with reference to a period long before the Act?
(b) Whether standalone project means and has to be reckoned along with the sanction plan, lay out, agreement of construction advertisement of the project?
(c) Whether the certification of occupancy issued by the statutory authority can be brushed aside and ignored and required to be that complying with the Real Estate regulation and Development Act, 2016?
(d) Whether registration of the project can be directed when sanction plan, layout plan etc has expired and no declaration as contemplated under Section 4(2)(i) could be obtained for want no new constructions being commenced or advertised and when already substantial units have been sold out years back?
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