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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A.
Army Welfare Housing Organisation (Awho) Represented By Its Authorised Signatory – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. overview of writ petitions filed by awho (Para 1) |
| 2. challenge to jurisdiction of k-rera orders (Para 2 , 3) |
| 3. counterarguments regarding jurisdiction and interim orders (Para 4 , 5) |
| 4. court's review of authority decisions (Para 6 , 7 , 8) |
| 5. necessity of registration for ongoing projects under rera (Para 9 , 10) |
| 6. establishment of jurisdiction based on occupancy certificate issuance (Para 11) |
| 7. rights of allottees and registration requirement under the act (Para 12) |
| 8. dismissal of writ petitions due to availability of alternate remedy (Para 13) |
JUDGMENT :
[WP(C) Nos.6169/2026, 5821/2026, 5846/2026, 6003/2026, 6069/2026, 6103/2026, 6121/2026, 6129/2026]
2. Sri.M.Ramesh Chander, the learned Senior counsel appearing for the petitioners mainly challenges Ext.P7 orders by way of writ petition, instead of invoking the statutory remedy contemplated under Section 43 (5) of the Real Estate (Regulation and Development) Act (hereinafter referred to as the Act) on the ground that, the K-RERA does not have the jurisdiction to entertain the complaints in which these impugned orders are passed. The reason, according to the learned Senior Counsel, that makes the complaint without a
All real estate projects with occupancy certificates issued after 01.05.2017 are considered ongoing and shall be registered under the Real Estate (Regulation and Development) Act, entitling allottees....
The court affirmed that ongoing real estate projects must be registered under RERA to protect allottee interests, regardless of title transfer.
The Real Estate (Regulation and Development) Act mandates registration for ongoing projects, where completion certificates are absent, emphasizing consumer protection in real estate transactions.
The High Court upheld that jurisdiction for RERA to adjudicate complaints exists even if the promoter lacks registration, emphasizing the rights of aggrieved parties under the Act.
The distinction between occupancy certificate and completion certificate is crucial in determining the applicability of the Real Estate (Regulation and Development) Act, 2016, and the requirement for....
Section 35 deals with powers of authority to call for information and conduct investigation.
The court clarified that the Completion Certificate's issuance date is crucial in determining a project's ongoing status under RERA, emphasizing the conjunctive reading of statutory provisions.
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