U.P. Awas Evam Vikas Parishad Thru. Executive Engineer v. Awadhesh Kumar Tiwari
Case brief
What is this about?
RERA Appeal No. 225 of 2025 | U.P. Awas Evam Vikas Parishad Thru. Executive Engineer (appellant; counsel Ratnesh Chandra / Manav Rathore holding brief) v. Awadhesh Kumar Tiwari (respondent) | Allahabad High Court, Lucknow Bench, Court No. 19 | Prashant Kumar, J. | decision dated December 18, 2025 | appeal under Section 58 of the Real Estate (Regulation and Development) Act against judgment and order dated 29.08.2025 of U.P. Real Estate Appellate Tribunal, Lucknow in Appeal No. 232 of 2024 | five substantial questions of law framed: applicability of Limitation Act, 1963 to Section 31 complaints under the Act of 2016; delay and latches absent prescribed limitation period; 'reasonable period' versus open-ended/indefinite right for allottee complaints under Section 31 seeking Section 18(1) relief; proviso to Section 18(1) of RERA Act, 2016 interest for every month of delay till handing over of possession contingent on 'demand' under main proviso within reasonable time; Tribunal going beyond scope of appeal; sustainability of Tribunal's merits findings | appeal admitted; notice to respondent; service steps within seven working days; further proceedings pursuant to impugned order in abeyance till next date of listing | tagged with RERA Appeal No. 166 of 2025 | listing 27.01.2026 | admission-stage judgment; no ruling on merits; no quantum involved.