RERA appeal admitted on substantial questions of law regarding whether illegality goes to the root of the matter and whether tribunal can ignore co-ordinate bench order. Notice issued. Execution proceedings stayed.
Execution proceedings in pursuance of order dated 14.11.2022 remain in abeyance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
RERA APPEAL No. - 34 of 2026
Yamuna Expressway Industrial Development Authority Thru. Authorized Gajendra Singh
.....Appellant(s)
Versus
Chandan Sarkar
.....Respondent(s) Counsel for Appellant(s) : Prashant Kumar Singh Counsel for Respondent(s) :
Court No. - 19
HON'BLE SYED QAMAR HASAN RIZVI, J.
"(I) Whether the Appellate Tribunal has erred in law in failing to appreciate that an illegality which goes to the root of the matter, particularly one arising from lack of jurisdiction, cannot be sustained or perpetuated, merely on the ground of delay?
(II) Whether the Appellate Tribunal could ignore an order passed by a co-ordinate Bench on the same question in disregard of the doctrine of precedent and judicial propriety?
RERA No. 34 of 2026
2
April 2, 2026 Arun
(Syed Qamar Hasan Rizvi,J.)
Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether an illegality going to the root of the matter, particularly lack of jurisdiction, cannot be sustained merely on the ground of delay?
Whether the Appellate Tribunal could ignore an order passed by a co-ordinate Bench on the same question in disregard of the doctrine of precedent and judicial propriety?
1 provisions across 1 enactments
Yamuna Expressway Industrial Development Authority Thru. Authorized Gajendra Singh
Chandan Sarkar
Syed Qamar Hasan Rizvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
