Once the settlement deed is a part of the final order passed by the RERA Authority, on violating the terms and conditions of the settlement deed, it is incumbent to execute the same under Section 63 of the RERA Act – Smt. Pooja Jayaswal Vs. U.P. Real Estate Regulatory Authority Thru. Its Secretary, Lko. and Anr. – Allahabad High Court
Although, an appeal lies against the said order under Section 43(5) of the RERA Act, however, as the issue is with regard interpretation of Section 63, prima facie, the order passed by the RERA Authority is wholly unjustified as the petitioner was seeking execution of an order dated 30.05.2018 which itself records that the settlement deed in between the parties would be a part of the said order. Once the settlement deed is a part of the final order passed by the RERA Authority, it is incumbent to execute the same under Section 63 of the RERA Act, the view taken by the Member of the Authority is prima facie contrary to the mandate of Section 63 of the RERA Act, as such, no useful purpose would be served keeping the matter pending.