JUDGMENT :

J. NISHA BANU, J.

1. This appeal is filed by Developer/builder praying to set aside the order dated 17.11.2023 passed in Appeal No.60 of 2023 on the file of Tamil Nadu Real Estate Appellate Tribunal (TNREAT), whereby, the Appellate Tribunal confirmed the order passed by the Regulatory Authority in C.No.66 of 2022, dated 02.03.2023 on the file of Tamil nadu Real Estate Regulatory Authority (TNRERA).

2. The developer/builder raise the following substantial questions of law for consideration of this CMSA.

(i) When the project is developed only as a residential layout project as per the approval granted by the competent authorities and exempted from registration under Rule 2(h) (iii) whether the authority under the Act is empowered to direct registration of the project under Section 3 of the Act as a gated community project.

(ii) Whether the promoter could be made liable to register the entire project as a gated community, when the purchasers of the plots have constructed their Villas by third party builder.

(iii) Whether the promoter could be held liable under the provisions of Section 11 , 12, 13 and 14 of the RERA Act, when the promoter has not constructed the Villas in the pro