Appellant challenged a judgment of the UP Real Estate Appellate Tribunal refusing interest on delay. Court admitted the special appeal against jurisdictional and bench composition errors, listing it for final hearing.
Special appeal admitted; case listed for final hearing on 23.09.2024.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 19
Case :- RERA APPEAL No. - 73 of 2024
Appellant :- Dhirendra Kumar Bhandari Respondent :- Presiding Officer, U.P. Real Estate Appellate Tribunal,Lko. And Another Counsel for Appellant :- Azhar Ikram,Manish Singh Counsel for Respondent :- Akhilesh Kumar Srivastava,Gautam Johri
Hon'ble Subhash Vidyarthi,J.
allowed the appeal holding that the adjudicating officer has no jurisdiction to award interest for the period of delay.
(i) Whether as per the law laid down by this Court in RERA Appeal No. 67 of 2023, the adjudicating officer had rightly entertained the claim of the petitioner for payment of interest as compensation?
(ii) When Section 43(3) of Real Estate (Regulation and Development) Act, 2016 specifically provides that every bench of appellate tribunal shall consist at least one technical member, whether a final judgment and order passed by a Bench in which no administrative or technical member was there, will be sustainable in law?
Order Date :- 29.8.2024 Pradeep/-
Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether as per the law laid down by this Court in RERA Appeal No. 67 of 2023, the adjudicating officer had rightly entertained the claim of the petitioner for payment of interest as compensation?
When Section 43(3) of Real Estate (Regulation and Development) Act, 2016 specifically provides that every bench of appellate tribunal shall consist at least one technical member, whether a final judgm
Colour shows how this judgement treated each authority
U.P. Awas Evam Vikas Parishad v. Dhruv Kumar ChaturvediReferred¶11
U.P. Awas Evam Vikas Parishad v. Dhruv Kumar Chaturvedi: Rera Appeal No. 67 of 2023
1 provisions across 1 enactments
Dhirendra Kumar Bhandari
Presiding Officer, U.P. Real Estate Appellate Tribunal, Lko.
Uttar Pradesh Awas Evam Vikas Parishad
Subhash Vidyarthi
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
