Whether a Partial Completion Certificate (CC) can be issued by the Competent Authority for a few towers of a real estate project upon the enforcement of the RERA Act 2016 falls within the ambit and scope of an ‘ongoing project’? – Eshan Singh Vs. Ansal Properties and Infrastructure Ltd. – Uttar Pradesh REAT

Having regard to the provisions contained in U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010, read with the explanation of sub-clause (c) of sub-section 2 of Section 3 of Act 2016, the Hon'ble Appellate Tribunal is not persuaded to accept the submissions of the learned counsel for the appellant that the project in respect of Towers/Phase F,G &H, would fall in the definition and ambit/scope of an ongoing project. On a specific query, learned counsel for the appellant could not show any illegality or perversity in the impugned order, passed by the Regulatory Authority.

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