U.P. Awas Evam Vikas Parishad, Lko. Thru. Executive Engineer v. Rajeev Kumar Gupta

Allahabad HC18 Apr 2025RERA/30/2025

Case brief

AI extract

What is this about?

RERA appeal by a development authority challenging an adjudicating order on interest for delayed possession. The court heard the appellant, took a supplementary affidavit on record, issued notice to the respondent and listed the appeal as fresh for November 2025.

What did the court decide?

Notice issued to respondent, returnable at an early date; appeal listed as fresh for week commencing 17.11.2025.

U.P. Awas Evam Vikas Parishad, Lko. Thru. Executive Engineer vs Rajeev Kumar Gupta — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

RERA APPEAL No. - 30 of 2025

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

.....Appellant(s)

Versus

Rajeev Kumar Gupta

.....Respondent(s)

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

¶9

Court No. - 20

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HON'BLE SYED QAMAR HASAN RIZVI, J.

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Supplementary affidavit filed today is taken on record.

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Heard Sri Manav Rathaur, Advocate holding brief of Sri Ratnesh Chandra, learned counsel for the appellant- U.P. Awas Evam Vikas Parishad.

¶13

By means of the present appeal under Section 58 of the Real Estate (Regulation And Development) Act, 2016, the appellant has assailed the order dated 27.01.2025 passed in Appeal No.58 of 2024 (U.P. Awas Evam Vikas Parishad versus Rajeev Kumar Gupta).

¶14

The ground of challenge in the present appeal is that the learned Tribunal has failed to appreciate the legal preposition that the Adjudicating Officer lacked jurisdiction in directing the payment of interest for delayed delivery of possession as the regulatory authority is the competent authority for granting the same. In support of his contention, learned counsel has relied upon the judgment passed by the Hon'ble Apex Court in the case of M/s Newtech Promoters and Developers Pvt. Ltd. versus State of U.P. and others ; reported in 2021 SCC Online SC 1044 . He further submits that the learned adjudicating authority could not have correctly appreciated that there is in fact no conflict or repugnancy amongst Section 18(1) and Section 19(4) of the Act of 2016 as the said issue has already been settled by the Hon'ble Apex Court in the case of M/s Newtech Promoters and Developers Pvt. Ltd. (

RERA No. 30 of 2025

supra ).

Learned counsel appearing on behalf of the appellant has emphasized on the other ground challenging the impugned order that though the learned Tribunal was not authorised to grant a relief which has not been specifically prayed for but while passing the impugned order, the learned Tribunal exceeded its jurisdiction and granted relief to the respondents which otherwise could not be granted.

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Matter requires consideration.

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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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Substantial question of law shall be framed after the respondent puts in his appearance.

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List this appeal in the week commencing 17.11.2025, as fresh.

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The application for interim relief shall be considered on the next date of listing.

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(Syed Qamar Hasan Rizvi,J.)

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October 8, 2025

¶27

Abhishek Gupta

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Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench

U.P. Awas Evam Vikas Parishad, Lko. Thru. Executive Engineer v. Rajeev Kumar Gupta

Case brief

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U.P. Awas Evam Vikas Parishad, Lko. Thru. Executive Engineer v. Rajeev Kumar Gupta

Case brief

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