Allowed

Royalgolf Link City Projects Pvt. Ltd. New Delhi Thru. Auth. Signatory Virendra Singh v. Real Estate Regulatory Authority Niyojan Sansthan Lko. Thru. Its Chairman and 3 Others

Allahabad HC13 Feb 2024/686/2024

Case brief

AI extract

What is this about?

The High Court, exercising writ jurisdiction under Article 227, directed the RERA authority to expedite the hearing and decision on the petitioner's pending applications for rectification of a judgment and recall of a recovery certificate, setting a six-week target.

What did the court decide?

Direction to RERA Authority to decide pending applications for rectification and recall within six weeks.

Royalgolf Link City Projects Pvt. Ltd. New Delhi… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:12925

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 686 of 2024

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Petitioner :- Royalgolf Link City Projects Pvt. Ltd. New Delhi Thru. Auth. Signatory Virendra Singh Respondent :- Real Estate Regulatory Authority Niyojan Sansthan Lko. Thru. Its Chairman And 3 Others Counsel for Petitioner :- Abhishek Khare Counsel for Respondent :- Shobhit Mohan Shukla,C.S.C.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner and Shri Abiral Singh, learned counsel appearing under the authority of Shri Shobhit Mohan Shukla, learned counsel for respondents no.1 and 2.

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The State has accepted notice on behalf of respondent No3.

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In view of the order proposed to be passed by this Court, notice to the private-respondent No.4 is dispensed with.

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The petitioner has approached this Court seeking the following reliefs:

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"(a) Issue an order or direction directing the respondent no.1 to decide the application to rectify/amend the judgment dated 09.12.2021 and 01.03.2022 passed in complaint bearing no.NCR144/03/71657/2021 in re: Vishwamber Sharma vs. Royal Golf Link Projects Pvt. Ltd. filed on 10.01.2024, preferred under regulation 42 of the Uttar Pradesh Real Estate Regulatory Authority (General) Regulations, 2019, as contained in Annexure No.2 expeditiously within a fixed reasonable period of time.

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(b) Issue an order or direction directing the respondent no.2 to decide the application to recall the recovery certificate dated 10.11.2023 issued in complaint bearing no.NCR144/03/71657/2021 in re: Vishwamber Sharma vs. Royal Golf Link Projects Pvt. Ltd., filed on 12.01.2024, preferred under regulation 42 of the Uttar Pradesh Real Estate Regulatory

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Authority (General) Regulations, 2019, as contained in Annexure No.3 expeditiously within a fixed reasonable period of time.

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(c) Issue an order or direction directing the respondents no.2 and 3 not to take any coercive action against the petitioner during the pendency of the application preferred by the petitioner pending before the respondent no.1 and 2."

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Shri Abhishek Khare and Shri Pritish Kumar, learned counsel appearing for the petitioner submits that they do not wish to press the relief no.3 and confine their submissions only in respect of the relief nos. 1 and 2.

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The submission is that twenty-two complaints were decided by RERA Authority by means of its common order and judgement dated 09.12.2021. It is further submitted that the petitioner moved an application seeking rectification/ recall of the order by means of his application dated 10.01.2024. It is further submitted that the said application still remains pending and neither the same has been registered nor any date of hearing has been communicated to the petitioner on the said application. It is further submitted that in the meantime, recovery certificate has also been issued and therefore the petitioner on 12.01.2024 filed another application under Regulation 42 of the Uttar Pradesh Real Estate Regulatory Authority(General) Regulations, 2019, which is also pending and no date has been fixed on the said application as well nor any information has been conveyed to the petitioner regarding its status or on which date the said application will be heard. It is in the aforesaid circumstances, the petitioner has approached this Court with the limited reliefs as to pass an order regarding expediting the hearing on the application for rectification as well as the application for recall of the recovery certificate.

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Shri Abiral Singh, learned counsel for the RERA as well as

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learned Standing Counsel for the State-respondent submits that they have no objection, in case, if any order expediting the hearing of the application is passed.

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Considering the aforesaid, this Court is of the opinion that no gainful purpose will be served in keeping the instant petition pending rather ends of justice can be met by directing the respondent No.1 to consider and decide the pending applications of rectification and recall of the recovery certificate after affording full opportunity of hearing to the parties concerned, but without granting any unnecessary adjournment to either of the parties. The petitioner is also granted the liberty of moving a fresh application for early hearing along with the order passed by this Court and in case, if such an application along with the order is placed before the RERA, it shall take note of it and will endeavour to decide the applications, preferably within a period of six weeks from the date a copy of this order along with the application is placed before the authority concerned.

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It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall consider and decide the said application strictly in accordance with law.

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With the aforesaid, the petition is disposed of .

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Order Date :- 13.2.2024 KR

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Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Royalgolf Link City Projects Pvt. Ltd. New Delhi Thru. Auth. Signatory Virendra Singh v. Real Estate Regulatory Authority Niyojan Sansthan Lko. Thru. Its Chairman and 3 Others

Case brief

What is this about?

What did the court decide?

Royalgolf Link City Projects Pvt. Ltd. New Delhi Thru. Auth. Signatory Virendra Singh v. Real Estate Regulatory Authority Niyojan Sansthan Lko. Thru. Its Chairman and 3 Others

Case brief

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