The statutory exception under Section 3(2)(a) will prevail only when none of the two parameters are breached, in that, neither the area of land proposed to be developed exceeds 500 square meters and the number of apartments proposed to be developed does not exceed eight – Sumit Dey Vs. Real Estate Regulatory Authority, Assam – Assam REAT
Hon’ble Assam REAT held that for establishment of the Real Estate Regulatory Authority (RERA) exclusively for the regulation, promotion, effective consumer protection, transparency, uniformity and standardization of business practices and transactions in the real estate sector, the registration of a real estate project with the RERA becomes mandatory when any of the two parameters given in the said clause (a) of sub-section (2) is breached. In other words, where the area of the land proposed to be developed for a real estate project exceeds 500 square meters or alternatively the number of apartments/flats proposed to be developed exceeds eight, then in either case the registration of the project with RERA becomes an inescapable legal requirement.
