CH-V_VII Establishment of RERA and REAT

Whether the words “any person” used in Section 58 of the Real Estate (Regulation and Development) Act, 2016 includes Real Estate Regulatory Authority? | Whether Regulatory Authority is empowered to challenge a decision of Appellate Tribunal before the High Court under Section 58 of the RERA Act? – Gujarat Real Estate Regulatory Authority Vs. Satyam Infracon – Gujarat High Court

/ 16 minutes of reading

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Whether the words “any person” used in Section 58 of the Real Estate (Regulation and Development) Act, 2016 includes Real Estate Regulatory Authority? | Whether Regulatory Authority is empowered to challenge a decision of Appellate Tribunal before the High Court under Section 58 of the RERA Act? – Gujarat Real Estate Regulatory Authority Vs. Satyam Infracon – Gujarat High Court Read Post »

Whether the Real Estate Regulatory Authority (RERA) has the power to condone delay? – Army Welfare Housing Organization (AWHO) Vs. Commander N.Koteeswar – Madras High Court

/ 14 minutes of reading

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Whether the Real Estate Regulatory Authority (RERA) has the power to condone delay? – Army Welfare Housing Organization (AWHO) Vs. Commander N.Koteeswar – Madras High Court Read Post »

Whether a sole member of the Maharashtra Real Estate Appellate Tribunal can decide any appeal or application for condonation of delay or any application contemplated under the provisions of Real Estate (Regulation and Development) Act, 2016 or the same has to be heard and can be disposed of only by the Bench comprising of two members including the judicial member? – Rare Townships Pvt. Ltd. Vs. Jatin Mavani – Bombay High Court

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Whether a sole member of the Maharashtra Real Estate Appellate Tribunal can decide any appeal or application for condonation of delay or any application contemplated under the provisions of Real Estate (Regulation and Development) Act, 2016 or the same has to be heard and can be disposed of only by the Bench comprising of two members including the judicial member? – Rare Townships Pvt. Ltd. Vs. Jatin Mavani – Bombay High Court Read Post »

RERA Authority has no power/jurisdiction to reduce the time period mentioned in the declaration under Sec. 4(2)(l)(C) of RERA, 2016 | If it feels that the period mentioned is arbitrary or unacceptable due to any reasons, a notice to show cause for rejection of the application must be given, Section 5(3) – Parador Developers (Amritsar) Pvt. Ltd. Vs. Real Estate Regulatory Authority, Punjab and Anr. – Punjab & Haryana High Court

/ 12 minutes of reading

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RERA Authority has no power/jurisdiction to reduce the time period mentioned in the declaration under Sec. 4(2)(l)(C) of RERA, 2016 | If it feels that the period mentioned is arbitrary or unacceptable due to any reasons, a notice to show cause for rejection of the application must be given, Section 5(3) – Parador Developers (Amritsar) Pvt. Ltd. Vs. Real Estate Regulatory Authority, Punjab and Anr. – Punjab & Haryana High Court Read Post »

Power to waive of pre-deposit requirement under Section 43(5) of RERA | Constitutional validity of the proviso to Section 43(5) | Adjudication of Interest, Compensation, Penalty etc. under RERA | Powers and Jurisdiction of Real Estate Regulatory Authority and Adjudicating Officer – Experion Developers Pvt. Ltd. Vs. State of Haryana and others – Punjab & Haryana High Court

/ 117 minutes of reading

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Power to waive of pre-deposit requirement under Section 43(5) of RERA | Constitutional validity of the proviso to Section 43(5) | Adjudication of Interest, Compensation, Penalty etc. under RERA | Powers and Jurisdiction of Real Estate Regulatory Authority and Adjudicating Officer – Experion Developers Pvt. Ltd. Vs. State of Haryana and others – Punjab & Haryana High Court Read Post »

A Single Member of the Regulatory Authority (RERA) as well as Appellate Tribunal (REAT) cannot validly pass orders under the Real Estate (Regulation and Development) Act, 2016 – Janta Land Promoters Pvt. Ltd. Vs. Union of India and Ors. – Punjab & Haryana High Court

/ 73 minutes of reading

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A Single Member of the Regulatory Authority (RERA) as well as Appellate Tribunal (REAT) cannot validly pass orders under the Real Estate (Regulation and Development) Act, 2016 – Janta Land Promoters Pvt. Ltd. Vs. Union of India and Ors. – Punjab & Haryana High Court Read Post »

Adjudicating Officer under Section 71 of Real Estate (Regulation & Development) Act, 2016 has no power to award interest and compensation, in the event possession of the flat has been taken by the allottee from the promoter – Vibhor Vaibhav Infrahomes Pvt. Ltd. Vs. Union of India and 5 Ors. – Allahabad High Court

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Section 71 of the Real Estate (Regulation & Development) Act, 2016 confers power upon an Adjudicating Officer to adjudge compensation under Sections 12, 14, 18 and 19. Sub-­section (3) of Section 71 provides that if the Adjudicating Officer is satisfied that the person has failed to comply with the provisions of any of the sections specified in Sub-­section (1) he may direct to pay such compensation or interest, as the case may be, as he thinks fit in accordance with the provisions of any of those sections.

Section 38(1) of the Act, 2016 confers power upon the ‘Authority‘ to impose penalty or interest in regard to contravention of obligations cast upon the promoters, the allottees and the real estate agents under the Act, Rules and Regulations. Power to award compensation or interest has been conferred under Section 71(1)/(3) of the Act, 2016 upon an Adjudicating Officer for adjudging compensation under Section 12, 14, 18 and Section 19 of the Act, 2016. Thus, the power to adjudge compensation has been conferred upon the Adjudicating Officer and not upon the Authority.

Adjudicating Officer under Section 71 of Real Estate (Regulation & Development) Act, 2016 has no power to award interest and compensation, in the event possession of the flat has been taken by the allottee from the promoter – Vibhor Vaibhav Infrahomes Pvt. Ltd. Vs. Union of India and 5 Ors. – Allahabad High Court Read Post »

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