Writ 226 & 227

A writ petition under Article 226 of the Constitution of India against a private entity is not maintainable – Swati Thakre Vs. The State of Madhya Pradesh and Ors. – Madhya Pradesh High Court

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A writ petition under Article 226 of the Constitution of India against a private entity is not maintainable – Swati Thakre Vs. The State of Madhya Pradesh and Ors. – Madhya Pradesh High Court Read Post »

Whether Real Estate Regulatory Authority (RERA) has jurisdiction to issue an order of recovery warrant under Section 40 of RERA, 2016 – Marg Properties Ltd. Vs. Tamil Nadu Real Estate Regulating Authority (TNRERA) and Ors. – Madras High Court

Hon’ble Madras High Court held that:

(i) Once the regulatory authority passed an order under Section 40(1) of RERA, 2016, the order impugned would reveal that the recovery warrant was issued under Section 40(1) of the RERA and it was sent to the District Collector to recover the money. Therefore, the adjudicating authority has not exceeded its limits beyond the scope of the powers conferred under Section 40(1) of the RERA.
(ii) The regulatory authority treated the recovery of amount and issued a warrant under Section 40(1) of the RERA to the District Collector for the purpose of recovering the same by invoking the provisions of the Revenue Recovery Act and that being the scope of the order, this Court do not find any infirmity.

Whether Real Estate Regulatory Authority (RERA) has jurisdiction to issue an order of recovery warrant under Section 40 of RERA, 2016 – Marg Properties Ltd. Vs. Tamil Nadu Real Estate Regulating Authority (TNRERA) and Ors. – Madras High Court Read Post »

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