U.P. Awas Evam Vikas Parishad Thru. Executive Engineer Constration Division 8 Lko. vs Krishna Chandra Mishra — Allahabad HC (2025) — LawSathi Research

U.P. Awas Evam Vikas Parishad Thru. Executive Engineer Constration Division 8 Lko. vs Krishna Chandra Mishra — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal admitted; notice issued to the respondent, returnable at an early date, with steps for service to be taken within seven working days; further proceedings in pursuance of the impugned order dated 29.08.2025 kept in abeyance till the next date of listing; appeal tagged with RERA Appeal No.166 of 2025 and listed on 27.01.2026.

Issue for consideration

Whether the Limitation Act, 1963 applies to instituting complaints under Section 31 of the Act of 2016, and whether tribunals/statutory authorities must apply the principle of delay and laches before admitting a lis in the absence of a prescribed limitation period. +4 more

Ratio / Principle

On hearing counsel at the admission stage, the Court found five substantial questions of law necessary to be framed for adjudication of the appeal, covering limitation/delay-and-laches for Section 31 complaints, the open-endedness of Section 18(1) claims, and whether the Appellate Tribunal exceeded the scope of the appeal. The questions were framed but not answered in this order.

Key takeaways

As an interim measure, further proceedings in pursuance of the impugned judgment and order dated 29.08.2025 of the U.P. Real Estate Appellate Tribunal in Appeal No. 231 of 2024 shall remain in abeyance till the next date of listing.ratio¶25

Detailed headnote1 paragraphs

Admission-stage order in an appeal under Section 58 of the Real Estate (Regulation and Development) Act against the judgment and order dated 29.08.2025 of the U.P. Real Estate Appellate Tribunal, Lucknow in Appeal No. 231 of 2024. Five substantial questions of law framed: (i) applicability of the Limitation Act, 1963 to Section 31 complaints and whether tribunals must consider delay and laches absent a prescribed limitation period; (ii) whether a 'reasonable period' governs institution of allottees' Section 31 complaints seeking Section 18(1) relief; (iii) whether interest-for-delay claims under the proviso to Section 18(1) survive where the 'demand' under the main proviso was not made within a reasonable time; (iv) and (v) whether the Appellate Tribunal exceeded the scope of the appeal by deciding merits. Appeal admitted; notice issued; further proceedings pursuant to the impugned order kept in abeyance till the next date of listing; tagged with RERA Appeal No.166 of 2025; listed 27.01.2026. The framed questions remain open; no merits determination made.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

RERA APPEAL No. - 224 of 2025

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

.....Appellant(s)

Versus

Krishna Chandra Mishra

.....Respondent(s)

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

Court No. - 19

HON'BLE PRASHANT KUMAR, J.

Heard Sri Manav Rathore holding brief of Shri 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. 231 of 2024 (Krishna Chandra Mishra Versus U.P. Awas Evam Vikas Parishad).

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:-

"(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 to justify latches and unexplained, unwarranted and unavoidable delay, or whether the right to file complaint under Section 31

RERA No. 224 of 2025

2

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. 231 of 2024, shall remain in abeyance.

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

(Prashant Kumar,J.)

December 18, 2025 Saurabh Yadav/-

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