Partly allowed

Vishal Mathur and Another v. M/S Jaydev Infratech Pvt. Ltd. Greater Noida Thru. Its Authorized Representative and Another

Allahabad HC31 May 2024RERA/22/2024

Case brief

AI extract

What is this about?

Single judge order admitting appeal filed under Section 58 of RERA Act challenging rejection of complaint against unregistered ongoing project. Considering maintainability and divergent views on earlier judgments. No disposal yet.

What did the court decide?

Issue notice to respondents returnable at an early date. Directed no third party rights creation till next listing.

Vishal Mathur and Another vs M/S Jaydev… — Pension and Retirement Benefits | Allahabad HC (2024)

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Court No. - 17 Case :- RERA APPEAL No. - 22 of 2024 Appellant :- Vishal Mathur And Another Respondent :- M/S Jaydev Infratech Pvt. Ltd. Greater Noida Thru. Its Authorized Representative And Another Counsel for Appellant :- Aahuti Agarwal,Abhishek Khare

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Hon'ble Manish Mathur,J.

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Heard learned counsel for the appellants.

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Issue notice to the respondents returnable at an early date.

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Appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 has been filed challenging judgment and order dated 05.02.2024 passed by the learned Real Estate Appellate Tribunal in appeal bearing no.742/2022.

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Learned counsel for the appellant submits that the appellate tribunal has rejected the appeal on the premise that since the project although ongoing was not registered with RERA, the complaint was not maintainable in terms of the Act of 2016.

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He has submitted that the Tribunal fell in error in misconstruing judgment rendered by the Hon'ble Supreme Court in the case of M/s Newtech Promoters & Developers Pvt. Ltd. vs. State of U.P. and Others reported in 2021 SCC OnLine SC 1044 .

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In view of the submissions advanced by the learned counsel for the appellant appeal is admitted on the following substantial question of law :-

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A. Whether the learned Tribunal failed to consider that a complaint under Section 31 of the Act of 2016 is maintainable against an ongoing unregistered project which are not exempted as per section 3 (2) of the Act of 2016 ?

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B. Whether divergent views in similarly placed circumstances can be taken by the Learned Appellate Tribunal and the Learned Authority ?

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C. Whether the Learned Appellate Tribunal and Learned Authority has failed to maintain the rule of

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judicial discipline and propriety and the doctrine of precedents ?

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D. Whether the order passed by the Learned Tribunal is coram non-judicie as per section 43 (3) of the Real Estate (Regulation and Development) Act, 2016 ?

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The proposed substantial question of law as (D) may be argued separately and may be considered as a substantial question of law subsequently.

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Connect with RERA Appeal No.19 of 2024 and list this case on 15.7.2024 along with service report. Till the next date of listing it is directed that no third party rights would be created over the premises in question as indicated in the complaint.

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Order Date :- 31.5.2024 mks

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Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench

Vishal Mathur and Another v. M/S Jaydev Infratech Pvt. Ltd. Greater Noida Thru. Its Authorized Representative and Another

Case brief

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Vishal Mathur and Another v. M/S Jaydev Infratech Pvt. Ltd. Greater Noida Thru. Its Authorized Representative and Another

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