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

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

What the court decided

AI extract

Outcome

Appeal admitted; notice ordered 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 Tribunal order dated 29.08.2025 stayed in abeyance till the next date of listing; appeal listed on 27.01.2026 to be connected with RERA Appeal No.166 of 2025. Final adjudication of the framed substantial questions of law is pending.

Issue for consideration

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

Ratio / Principle

On hearing learned Senior Advocate at the admission stage, the Court framed five substantial questions of law for adjudication, covering: (i) applicability of the Limitation Act, 1963 and the delay-and-latches principle to Section 31 complaints absent a prescribed limitation; (ii) 'reasonable period' versus indefinite window for allottee complaints under Section 31 seeking Section 18(1) relief; (iii) consideration of proviso-to-Section-18(1) interest claims absent a timely 'demand'; (iv) whether the Tribunal exceeded the appeal's scope; and (v) sustainability of the Tribunal's merit findings.

Key takeaways

The appeal is admitted.ratio¶20
As an interim measure, further proceedings in pursuance of the impugned order dated 29.08.2025 passed by the Appellate Tribunal in Appeal No. D 296 of 2024 shall remain in abeyance till the next date of listing.ratio¶23

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Prashant Kumar, J. — Admits U.P. Awas Evam Vikas Parishad's appeal under Section 58 of the Real Estate (Regulation and Development) Act against the U.P. Real Estate Appellate Tribunal, Lucknow's judgment/order dated 29.08.2025 in Appeal No.D 296 of 2024 (Smt. Anupama Singh v. U.P. Awas Evam Vikas Parishad). Frames five substantial questions of law: applicability of the Limitation Act, 1963 and the delay-and-latches principle to allottee complaints under Section 31 of the 2016 Act absent a prescribed limitation; whether a 'reasonable period', rather than an endless/indefinite window, should govern such complaints seeking Section 18(1) relief; whether proviso-to-Section-18(1) interest claims survive absent a timely 'demand' under the main proviso; and whether the Tribunal exceeded the appeal's scope and whether its merit findings can be sustained. Further proceedings pursuant to the impugned order stayed in abeyance till the next date of listing; matter listed for 27.01.2026 along with RERA Appeal No.166 of 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW RERA APPEAL DEFECTIVE No. - 126 of 2025

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

.....Appellant(s)

Versus

Anupama 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.D 296 of 2024 (Smt. Anupama 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 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?

RERAD No. 126 of 2025

2

(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. D 296 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