Grand Venezia Commercial Towers Pvt. Limited Vs State of U.P. and 3 Others

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Court No. - 34 Case :- WRIT - C No. - 21817 of 2020 Petitioner :- Grand Venezia Commercial Towers Pvt. Limited Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pushkar Mehrotra Counsel for Respondent :- C.S.C.,Anjali Upadhya,Ramendra Pratap Singh

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Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Jayant Banerji,J.

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Heard learned counsel for the parties and perused the record.

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By means of the present petition, the petitioner herein is seeking for quashing of the order dated 06.10.2020 passed by the respondent no.2, i.e. the U.P. Real Estate Regulatory Authority (RERA).

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The petitioner is aggrieved by the decision of RERA authority whereby the petitioner company has been treated as 'deemed registered' within the meaning of Section 3 of the Real Estate Regulatory Authority Act, 2016 and direction has been given to register the project within a period of three months. The penalty has also been imposed in case of non registration of the said firm.

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Submission is that the order impugned is wholly without jurisdiction, inasmuch as, the project has been completed and completion certificate has been issued by the competent authority- UPSIDC in the year 2015, i.e. before commencement of the Act 2016.

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The submission is thus, that the petitioner is excluded from registration under the Act, 2016.

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Considering the fact that the part completion certificate has been given to the petitioner in the year 2015 by the UPSIDC. It was issued for the part of project, excluding Hotel portion i.e. for Multiplex and Shopping Complex as also that the petitioner has an alternative remedy to approach the Appellate Tribunal by filing an appeal under Section 44 of the Act, 2016, we do not find any good ground to entertain the present writ petition.

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The writ petition is dismissed on the ground of alternative remedy available to the petitioner.

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Order Date :- 10.12.2020 P Kesari

Grand Venezia Commercial Towers Pvt. Limited v. State of U.P. and 3 Others

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Grand Venezia Commercial Towers Pvt. Limited v. State of U.P. and 3 Others

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