M/S Alpine Infra Projects Ltd., Ghazizbad Thru. Authorized Representative, Mr. Neeraj Gupta vs Anita Singh — Allahabad HC (2026) — LawSathi Research

M/S Alpine Infra Projects Ltd., Ghazizbad Thru. Authorized Representative, Mr. Neeraj Gupta vs Anita Singh — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal admitted on the framed substantial questions of law; interim relief granted: (i) execution proceedings pursuant to the impugned Tribunal order dated 27.01.2025 kept in abeyance; (ii) parties to maintain status quo in respect of the unit till the next date of listing. Case listed for the week commencing 23.03.2026; final adjudication pending.

Issue for consideration

Substantial question (i): Whether the learned Appellate Tribunal was justified in directing "restoration of possession of the unit in favour of the appellant" even though the unit was never ever in possession of the respondent. +2 more

Ratio / Principle

This Court admitted the appeal in terms of the three substantial questions of law framed.

Key takeaways

As interim relief, the execution proceedings pursuant to the impugned order dated 27.01.2025 passed by the U.P. Real Estate Appellate Tribunal in Appeal No. 3 of 2023 (In Re: Anita Singh Vs. M/s Alpine Infra Projects Private Ltd.) shall remain in abeyance.ratio¶20
As further interim relief, till the next date of listing the parties shall maintain status quo in respect of the unit in question.ratio¶21

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 19 — Hon'ble Syed Qamar Hasan Rizvi, J.; decided 16.02.2026. RERA Appeal No. 37 of 2025, filed under Section 58 of the Real Estate (Regulation & Development) Act, 2016 by M/s Alpine Infra Projects Ltd. (through authorised representative Neeraj Gupta) against Anita Singh. The appeal challenges the order dated 27.01.2025 of the U.P. Real Estate Appellate Tribunal in Appeal No. 3 of 2023 (In Re: Anita Singh Vs. M/s Alpine Infra Projects Private Ltd.). Three substantial questions of law were framed: (i) whether the Tribunal was justified in directing "restoration of possession of the unit" although the unit was never in the respondent's possession; (ii) whether the Tribunal's finding is perverse and contrary to the record, given creation of a third-party right during pendency of the appeal and execution of the conveyance deed on 27.09.2023, with allegations of deliberate misrepresentation and fraud before the RERA authority/Tribunal; and (iii) whether the Tribunal is vested with power to initiate proceedings suo motu under Chapter VIII of the U.P. RERA Act, 2016 absent any pleading or prayer. The appeal was admitted on these questions. Interim relief: execution proceedings pursuant to the impugned order to remain in abeyance, and both parties to maintain status quo in respect of the unit till the next date of listing. Case listed for the week commencing 23.03.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

RERA APPEAL No. - 37 of 2025

M/S Alpine Infra Projects Ltd., Ghazizbad Thru. Authorized Representative, Mr. Neeraj Gupta

.....Appellant(s)

Versus

Anita Singh .....Respondent(s) Counsel for Appellant(s) : Anurag Singh, Anurag Verma, Suryansh Narula, Utkarsh Kumar Counsel for Respondent(s) : Gautam Johri, Achintya Kumar Ojha, Sudeep Kumar

Court No. - 19

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Shri Sanjay Bhasin, learned Senior Advocate assisted by Shri Anurag Singh and Shri Anurag Shukla, learned counsel for the appellant and Shri Sudeep Kumar, learned Senior Advocate assisted by Shri Gautam Johari, learned counsel for respondents and perused the material available on record.

By means of the present appeal under Section 58 of the Real Estate (Regulation & Development) Act, 2016, the appellant has challenged the order dated 27.01.2025 passed by learned U.P. Real Estate Appellate Tribunal in Appeal No. 3 of 2023 in Re: Anita Singh Vs. M/s Alpine Infra Projects Private Ltd.

On the basis of submissions made by learned counsel for the appellant and the material on record, the following substantial questions of law are being framed:

(i) Whether learned Appellate Tribunal was justified in directing "restoration of possession of the unit in favour of the appellant even though the unit was never ever in possession of the respondent?

(ii) Whether the finding recorded by learned Appellate Tribunal is perverse and contrary to the record to the extent that during pendency of the appeal the third party right was created, as well as, conveyance deed of unit was executed on 27.09.2023 by the respondents

2

RERA No. 37 of 2025

deliberately and willfully misrepresenting and playing fraud before the RERA authority/Tribunal and with the third party.?

(iii) Whether the learned Appellate Tribunal is vested with the power for initiating proceedings under Chapter VIII of the U.P. Real Estate (Regulation & Development) Act, 2016 suo-moto or on its own motion specifically in the absence of any pleading and prayer in the appeal?

The appeal is admitted in terms of the aforesaid substantial questions of law.

Looking to the facts and circumstances of the case, this Court find it appropriate to grant the following interim relief:-

(i) The execution proceedings pursuant to the impugned order dated order dated 27.01.2025 passed by learned U.P. Real Estate Appellate Tribunal in Appeal No. 3 of 2023 In Re: Anita Singh Vs. M/s Alpine Infra Projects Private Ltd., shall remain in abeyance.

(ii) Till the next date of listing the parties shall maintain status quo in respect of the unit in question.

List this case in the week commencing 23.03.2026.

(Syed Qamar Hasan Rizvi,J.)

February 16, 2026

Virendra

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