IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA th ON THE 13 OF JULY, 2023 WRIT PETITION No. 7128 of 2023 BETWEEN:-

S.S. INFRASTRUCTURE THROUGH ITS PARTNER SHRI AYUSH AGRAWAL S/O SHRI ASHOK AGRAWAL, AGED ABOUT 22 YEARS, OCCUPATION: BUSINESS 79, R.N.T. MARG AGRASEN CHOURAHA INDORE (MADHYA PRADESH)

.....PETITIONER (BY SHRI VINAY SARAF, SENIOR ADVOCATE ASSISTED BY SHRI YASHPAL RATHORE, ADVOCATE)

AND REAL ESTATE REGULATORY AUTHORITY THROUGH ITS SECRETARY BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI DEVAASHEESH DUBEY, PANEL LAWYER)

This petition coming on for admission this day, the court passed the following:

O R D E R Heard on the question of admission.

02. The petitioner has filed the present petition being aggrieved by order dated 14.07.2022 passed by the Real Estate Regulatory Authority (RERA) and order dated 15.11.2022 passed by the M.P. Real Estate Appellate Tribunal.

02. Facts of the case in short are as under:-

2.1. The petitioner is partnership Firm duly registered under the provisions of Indian Partnership Act The petitioner is engaged in the business of colonization, development and multi-project of all kind of real estate having registered office at Indore. The petitioner / Firm is developing an industrial park in the name of 'S.S. Industrial Park' on a land bearing Khasra No.270/2/2/2, 270/2/1/2, 268/1/2, 268/2/2, 269/2/1 & 269/2/2. The petitioner has obtained all the necessary permission from Government Authority. According to the petitioner, though the provisions of the Real Estate (Regulation & Development) Act, 2016 (the Act of 2006) do not apply to the project of development of industrial park, but in order to avoid penalty and prosecution, the petitioner filed an application under Section 29(3) of the Act of 2016 before the RERA in order to ascertain whether the provisions of the Act of 2016 apply on the development of industrial project or not ?

2.2. According to the petitioner, the authority has not disposed of the application within 60 days from the receipt of the same. Thereafter, the application was filed under the provisions of the Right to Information Act, 2005 (RTI Act) to know the status of the application. The petitioner was supplied the true copies proceedings under the RTI Act, according to which, the application of the petitioner was disposed of as not maintainable. Thereafter, the petitioner preferred an appeal before the M.P. Real Estate Appellate Tribunal which was registered as Appeal No.150/2022. Vide order dated 15.11.2022, the Appellate Tribunal has dismissed the appeal with cost and with certain strong observations against the petitioner. Hence, the present petition before this Court.

03. Shri Saraf, learned Senior Counsel appearing for the petitioner submits that provisions of the Act of 2016 apply to development of residential and commercial projects. The petitioner is starting development of an industrial park. As an abundant precaution, the petitioner approached the RERA under Section 29(3) of the Act of 2016 seeking clarification whether the provisions of the Act apply on the project of partnership Firm intending to develop a project or not ? Instead of answering the issue, the RERA has dismissed the same and did not inform the result. However, the note-sheet obtained under the RTI Act reveals that no cognizance has been taken on the application by the RERA. Thereafter, the petitioner approached the Appellate Authority who has also not given any opinion whether the provision of the Act of 2016 applies to the petitioner's project or not ? Learned counsel for the petitioner has placed reliance upon on an order dated 12.01.2021 passed by High Court of Gujarat At Ahmedabad in the case of Meena Ben Chandravadan Rajgor v/s The Real Estate Regulatory Authority & 1 Other(s) (R/Special Civil Application No.14645 of 2022), whereby the petition was disposed of with the direction to the RERA to decide the complaint under the provisions of Section 29(4) of the Act of