Is dispute arising out of a development agreement between a landowner and developer beyond the jurisdiction of the Real Estate Authority or Real Estate Appellate Tribunal – Nesh India Infrastructure Pvt. Ltd. Vs. The State of Bihar – Patna High Court
Hon’ble Patna High Court held that the registered Development Agreement explicitly is neither a joint venture agreement nor does it manifest a partnership of any sort between the parties thereto. There is no whisper of any revenue/profit sharing between the parties as well. The landowners were not involved in the day-to-day construction activities. Even otherwise, the Bihar Real Estate Regulatory Authority (General) Regulations, 2021 notified on 05.08.2021 which has been held to have retrospective operation for the reasons elaborated in the foregoing paragraphs, leaves no iota of doubt on the locus of landowners to institute and the RERA to adjudicate. The present dispute squarely falls within the jurisdiction of RERA, 2016 and thus amenable to the RERA.