U.P. Awas Evam Vikas Parishad Thru. Executive Engineer Lko. vs Surya Bali Singh — Allahabad HC (2025) — LawSathi Research

U.P. Awas Evam Vikas Parishad Thru. Executive Engineer Lko. vs Surya Bali Singh — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal admitted at admission stage (pending adjudication on the framed substantial questions of law); notice to respondent ordered returnable at an early date; interim relief that further proceedings pursuant to the impugned Tribunal order dated 29.08.2025 remain in abeyance till the next date of listing; appeal listed for 27.01.2026 and to be connected with RERA Appeal No.166 of 2025.

Issue for consideration

Substantial question of law (i): whether the Limitation Act, 1963 is applicable to instituting complaints under Section 31 of the Act of 2016, and whether the principle of considering 'delay arid latches' [sic] before admitting a lis shall be followed by tribunals/statutory authority in absence of a prescribed limitation period. +4 more

Key takeaways

On admission of the appeal, this Court found five substantial questions of law necessary to be framed for the adjudication of the matter (limitation/delay-and-laches for Section 31 complaints; a 'reasonable period' for allottee complaints seeking Section 18(1) relief; interest claims under the proviso to Section 18(1) absent a timely 'demand'; and whether the Tribunal exceeded the scope of the appeal and whether its merits findings beyond scope can be sustained). The questions are framed but not answered in this order.¶12
The appeal was admitted, with notice to the respondent ordered returnable at an early date and steps for service of notice to be taken within seven working days.¶21
Interim protective order: till the next date of listing, further proceedings in pursuance of the impugned Tribunal order dated 29.08.2025 in Appeal No.224 of 2024 shall remain in abeyance.¶24

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 19, Prashant Kumar J. (single member), order dated December 17, 2025: admitted U.P. Awas Evam Vikas Parishad's RERA Appeal No.217 of 2025, filed under Section 58 of the Real Estate (Regulation and Development) Act, assailing the judgment and order dated 29.08.2025 of U.P. Real Estate Appellate Tribunal, Lucknow in Appeal No.224 of 2024 (allottee Surya Bali Singh v Parishad). On admission, the Court framed five substantial questions of law: (i) applicability of the Limitation Act, 1963 to complaints under Section 31 of the Act of 2016 and adherence to delay-and-laches principles absent prescribed limitation; (ii) whether a 'reasonable period' governs allottee complaints seeking relief under Section 18(1) of the Act of 2016, or the right remains open indefinitely; (iii) whether interest-for-every-month-of-delay-till-possession claims under the proviso to Section 18(1) of RERA Act, 2016 require a prior 'demand' made within a reasonable time under the main proviso; (iv) whether the Tribunal was justified in going beyond the appeal's scope (limited to limitation/delay-laches); and (v) whether the Tribunal's merits findings beyond that scope can be sustained. Directions: notice to respondent, service steps within seven working days, proceedings pursuant to the impugned Tribunal order held in abeyance till next listing; appeal listed for 27.01.2026, to be connected with RERA Appeal No.166 of 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW RERA APPEAL No. - 217 of 2025

U.P. Awas Evam Vikas Parishad Thru. Executive Engineer Lko.

.....Appellant(s)

Versus

Surya Bali Singh

.....Respondent(s)

Counsel for Appellant(s) : Ratnesh Chandra Counsel for Respondent(s) :

Court No. - 19

HON'BLE PRASHANT KUMAR, J.

Heard Sri Jaideep Narayan Mathur, learned Senior Advocate assisted by Sri Ratnesh Chandra, learned counsel for the appellant.

By means of present appeal under Section 58 of the Real Estate (Regulation and Development) Act, the appellant has assailed the judgment and order dated 29.08.2025 passed by U.P. Real Estate Appellate Tribunal, Lucknow in Appeal No.224 of 2024 (Surya Bali Singh Versus U.P. Awas Evam Vikas Parishad).

Heard the learned Senior Advocate on the admission of the appeal. This Court finds the following substantial questions of law necessary to be framed for the adjudication of the matter:-

"(i) Whether the Limitation Act, 1963 would be applicable to the provisions of the Act of 2016 for instituting complaints under Section 31 of the Act of 2016 and whether the principle of considering 'delay arid latches' before admitting a lis, being a principle which advances the cause of justice, shall be followed or not by the tribunals/statutory authority in absence of a prescribed limitation period?

(ii) Whether in the absence of a statutorily prescribed period of limitation, a 'reasonable period' should be considered for instituting the complaint by the allottees under Section 31 for relief under provision of Section 18(1) of the Act of 2016 so as

RERA No. 217 of 2025

2

to justify latches and unexplained, unwarranted and unavoidable delay, or whether the right to file complaint under Section 31 of the Act 2016 can be kept open for an endless/indefinite period?

(iii) Whether the claims of an allottee regarding the 'interest for every month of delay till handing over of the possession' made under the proviso to Section 18(1) of RERA Act, 2016 should be considered in absence of a "demand" contemplated under the main proviso of Section 18(1) which was not made within a reasonable period of time and whether such an entitlement to lodge a claim can be kept open for an indefinite/infinite time period?

(iv). Whether the Learned Appellate Tribunal was legally justified in going beyond the scope of the Appeal, which was only on the question of the applicability of the Limitation Act and delay and laches in filing the complaint under Section 31 of Real Estate (Regulation and Development) Act, 2016?

(v). Whether the findings given by the Learned Appellate Tribunal on issues relating to the merits of the case of the complainant which were beyond the scope of the Appeal preferred before the learned Tribunal can be sustained?"

Admit.

Issue notice to the respondent returnable at an early date.

Steps for service of notice be taken within seven working days.

It is provided that till the next date of listing, further proceedings in pursuance of the impugned order dated 29.08.2025 passed by the learned Appellate Tribunal in Appeal No.224 of 2024, shall remain in abeyance.

List this appeal on 27.01.2026 and connect along with RERA Appeal No.166 of 2025. December 17, 2025 Saurabh Yadav/-

(Prashant Kumar,J.)

Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench