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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Utkal Realtors Pvt. Ltd. – Appellant
Versus
Akhil Agarwal – Respondent
| Table of Content |
|---|
| 1. introduction and relevance of completion certificates (Para 1 , 6 , 9 , 12) |
| 2. grounds of appeals based on completion certificate (Para 2 , 3 , 4 , 5) |
| 3. arguments regarding the applicability of the act (Para 8 , 10 , 11) |
| 4. clarification on completion vs occupancy certificates (Para 13 , 14 , 15 , 16 , 18 , 19) |
| 5. legal grounding for project classification (Para 17 , 20) |
| 6. final orders and directives of the court (Para 21 , 22 , 23 , 24) |
JUDGMENT :
R.K. PATTANAIK, J.
1. Both the appeals are clubbed together for hearing and disposed of by the following common judgment.
2. M.S.A. No.44 of 2024: Instant appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as ‘the Act’) is at the behest of the appellant assailing the legality and judicial propriety of the impugned order dated 27th September, 2024 passed in connection with OREAT Appeal No.96 of 2023 as at Annexure-1 confirmed in Review Petition No.15 of 2023 by order dated 13th November, 2024 by the learned Odisha Real Estate Appellate Tribunal at Bhubaneswar (hence called as ‘the OREAT’) on the ground inter alia that the decision vis-à-vis the concerned project in ques
A project completed before the commencement of the Real Estate Act is not subject to the Act's registration requirements, regardless of later safety certificate issues.
The existence and date of issuance of occupancy certificates are critical in determining whether a real estate project is ongoing under the RERA.
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.
A project with a completion certificate issued prior to RERA's enactment is not considered ongoing under the RERA Act, thus not subject to its jurisdiction.
RERA applies to ongoing projects regardless of completion status, ensuring consumer protection and allowing for grievances to be raised under its provisions.
The main legal principle established in the judgment is the interpretation and application of the definition of 'ongoing project' under Rule 2(h) of the Uttar Pradesh Real Estate (Regulation and Deve....
The RERA Act applies to ongoing projects regardless of completion dates, ensuring consumer grievances are addressed under its provisions.
The completion certificate issued must be strictly in accordance with the sanctioned plan and specifications, and the responsibilities of the promoter include providing and maintaining essential serv....
The main legal point established in the judgment is the requirement for proper inspection and adherence to legal requirements by the competent authorities in issuing occupancy certificates for real e....
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