U.P. Awas Evam Vikas Parishad Thru. Executive Engineer Construction DIVISION-8 Lko. v. Bhupendra Pratap Singh

Allahabad HC18 Dec 2025RERA/220/2025

Case brief

AI extract

What is this about?

RERA Appeal No. 220 of 2025 - Allahabad High Court (Lucknow) admits appeal against U.P. Real Estate Appellate Tribunal order dated 29.08.2025; frames five substantial questions of law on limitation, laches, and scope of appeal under RERA Act, 2016; stays proceedings; tags with RERA Appeal No.166 of 2025.

What did the court decide?

Appeal admitted; notice issued to respondent; further proceedings in pursuance of impugned order dated 29.08.2025 stayed; appeal tagged with RERA Appeal No.166 of 2025 and listed for 27.01.2026 ¶¶22-¶26

U.P. Awas Evam Vikas Parishad Thru. Executive Engineer Construction DIVISION-8 Lko. vs Bhupendra Pratap Singh — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal admitted; notice issued to respondent; further proceedings in pursuance of impugned order dated 29.08.2025 stayed; appeal tagged with RERA Appeal No.166 of 2025 and listed for 27.01.2026

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Issue for consideration

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 and 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? +4 more

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Ratio / Principle

The Court finds five substantial questions of law necessary to be framed for adjudication of the matter.

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Key takeaways

The appeal is admitted.ratio¶¶22
Notice is issued to the respondent returnable at an early date.ratio¶¶23
Further proceedings in pursuance of the impugned order dated 29.08.2025 passed by the learned Appellate Tribunal in Appeal No. 257 of 2024 shall remain in abeyance till the next date of listing.ratio¶¶25

Detailed headnote1 paragraphs

The Allahabad High Court (Lucknow Bench) admitted a RERA appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016, challenging an order of the U.P. Real Estate Appellate Tribunal dated 29.08.2025. The Court framed five substantial questions of law concerning: (i) applicability of the Limitation Act, 1963 to complaints under Section 31 of RERA and the principle of delay and laches; (ii) whether a 'reasonable period' should be implied for filing complaints under Section 31 for relief under Section 18(1); (iii) whether claims for interest under the proviso to Section 18(1) can be entertained absent a demand made within reasonable time; (iv) whether the Tribunal exceeded the scope of the appeal limited to limitation and laches; and (v) whether the Tribunal's findings on merits beyond the appeal's scope are sustainable. The Court issued notice to the respondent, stayed further proceedings pursuant to the impugned order, and tagged the appeal with RERA Appeal No.166 of 2025 for hearing on 27.01.2026.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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RERA APPEAL No. - 220 of 2025

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U.P. Awas Evam Vikas Parishad Thru. Executive Engineer Construction Division-8 Lko.

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.....Appellant(s)

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Versus

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Bhupendra Pratap Singh

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.....Respondent(s)

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

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Court No. - 19

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HON'BLE PRASHANT KUMAR, J.

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Heard Sri Manav Rathore holding brief of Shri Ratnesh Chandra, learned counsel for the appellant.

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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. 257 of 2024 (Bhupendra Pratap Singh Versus U.P. Awas Evam Vikas Parishad).

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Heard the learned counsel for the appellant 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:-

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"(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?

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(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 to justify latches and unexplained, unwarranted and unavoidable delay, or whether the right to file

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RERA No. 220 of 2025

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complaint under Section 31 of the Act 2016 can be kept open for an endless/indefinite period?

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(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?

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(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?

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(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?"

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Admit.

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Issue notice to the respondent returnable at an early date.

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

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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. 257 of 2024, shall remain in abeyance.

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Let this appeal be tagged along with RERA Appeal No.166 of 2025 and list on 27.01.2026. December 18, 2025

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Saurabh Yadav/-

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(Prashant Kumar,J.)

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

U.P. Awas Evam Vikas Parishad Thru. Executive Engineer Construction DIVISION-8 Lko. v. Bhupendra Pratap Singh

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U.P. Awas Evam Vikas Parishad Thru. Executive Engineer Construction DIVISION-8 Lko. v. Bhupendra Pratap Singh

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