Quashed

M/S Ramky Estates and Farms Ltd. v. Mr P Vidyasagar Arya

Karnataka HC13 Jun 2024RERA.A/26/2021

Case brief

AI extract

What is this about?

Appeals against orders of the Karnataka Real Estate Appellate Tribunal set aside. Court held that determination of compensation was outside the Adjudicating Officer's competence based on Supreme Court precedent. Matter remitted to Regulatory Authority for fresh disposal.

What did the court decide?

Common order of Karnataka Real Estate Appellate Authority set aside; matter remitted to Regulatory Authority for fresh disposal.

M/S Ramky Estates and Farms Ltd. Vs Mr P Vidyasagar Arya — Quashing and FIR | Karnataka HC (2024)

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1 - NC: 2024:KHC:21136-DB RERA.A No. 26 of 2021 C/W RERA.A No. 27 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF JUNE, 2024

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PRESENT

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THE HON'BLE MR JUSTICE V KAMESWAR RAO

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AND

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THE HON'BLE MR JUSTICE C M JOSHI

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RERA APPEAL NO. 26 OF 2021

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C/W

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RERA APPEAL NO. 27 OF 2021

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IN RERA APPEAL NO.26/2021:

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BETWEEN:

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Digitally signed by K G RENUKAMBA Location: High Court of Karnataka

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M/S RAMKY ESTATES AND FARMS LTD, A LIMITED COMPANY, HAVING ITS REGISTERED OFFICE AT; NO. 6-3-1089/G/10 & 11, GULMOHAR AVENUE, RAJBHAVAN ROAD, SOMAJIGUDA, HYDERABAD – 500 082,

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REPRESENTED BY ITS AUTHORITY SIGNATORY MR. A V BHASKAR.

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…APPELLANT

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(BY SRI. E.SUHAIL AHMED, ADVOCATE FOR SRI. SANJAY KRISHNA.V., ADVOCATE) AND:

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MR. P. VIDYASAGAR ARYA, S/O MR. A PRABAKARAN, AGED ABOUT 45 YEARS, RESIDING AT:

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NC: 2024:KHC:21136-DB RERA.A No. 26 of 2021 C/W RERA.A No. 27 of 2021

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NO C4-003, GROUND FLOOR, BLOCK- C, RAMKY ONE NORTH, AVALAHALLI VILLAGE, YELAHANKA HOBLI, BENGALURU – 560 064.

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REAL ESTATE REGULATORY AUTHORITY, REPRESENTED BY SECRETARY, SECOND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING, CSI COMPOUND, 3^RD CROSS, MISSION ROAD, BENGALURU – 560 027.

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…RESPONDENTS

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(BY SRI. P.VIDYASAGAR ARYA – R1 (PARTY IN PERSON), SRI. I.S.DEVAIAH., ADVOCATE FOR R2)

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THIS RERA APPEAL IS FILED UNDER SECTION 58 OF THE KARNATAKA REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 R/W SECTION 100 OF THE CPC, PRAYING TO ALLOW THE ABOVE APPEAL AND SET ASIDE THE ORDER DATED 24/09/2021 PASSED BY THE KARNATAKA REAL ESTATE APPELLANT TRIBUNAL, BENGALURU IN APPEAL NO. (K-REAT) 344/2020 (COMMON ORDER PASSED IN APPEAL NO.(K-REAT) 344 C/W 382/2020 AND ETC.,

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IN RERA APPEAL NO.27/2021: BETWEEN:

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M/S RAMKY ESTATES AND FARMS LTD., A LIMITED COMPANY, HAVING ITS REGISTERED OFFICE AT; NO 6-3-1089/G/10 & 11, GULMOHAR AVENUE, RAJBHAVAN ROAD, SOMAJIGUDA, HYDERABAD – 500 082,

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NC: 2024:KHC:21136-DB RERA.A No. 26 of 2021 C/W RERA.A No. 27 of 2021

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REPRESENTED BY ITS AUTHORITY SIGNATORY MR. A V BHASKAR.

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…APPELLANT

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(BY SRI. E.SUHAIL AHMED, ADVOCATE FOR SRI. SANJAY KRISHNA.V., ADVOCATE)

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AND:

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MR.P. VIDYASAGAR ARYA, S/O MR. A PRABAKARAN, AGED ABOUT 45 YEARS, RESIDING AT: NO. C4-003, GROUND FLOOR, BLOCK-C, RAMKY ONE NORTH, AVALAHALLI VILLAGE, YELAHANKA HOBLI, BENGALURU – 560 064.

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REAL ESTATE REGULATORY AUTHORITY, REPRESENTED BY SECRETARY, SECOND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING, CSI COMPOUND, 3^RD CROSS, MISSION ROAD, BENGALURU – 560 027.

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…RESPONDENTS

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(BY SRI. P.VIDYASAGAR ARYA – R1 (PARTY IN PERSON), SRI. I.S.DEVAIAH., ADVOCATE FOR R2)

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THIS RERA APPEAL IS FILED UNDER SECTION 58 OF THE REAL ESTATE REGULATION AND DEVELOPMENT ACT, 2016 R/W SECTION 100 OF THE CPC, PRAYING TO ALLOW THE ABOVE APPEAL AND SET ASIDE THE ORDER DATED 24/09/2021 PASSED BY THE KARNATAKA REAL ESTATE APPELLATE TRIBUNAL, BENGALURU IN APPEAL NO. (K-REAT) 382/2020 (COMMON ORDER PASSED IN APPEAL NO.(K-REAT) 344 C/W 382/2020 AND ETC.,

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4 - NC: 2024:KHC:21136-DB RERA.A No. 26 of 2021 C/W RERA.A No. 27 of 2021

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THESE APPEALS COMING ON FOR FURTHER ARGUMENTS THIS DAY, V. KAMESWAR RAO. J., HAS DELIVERED THE FOLLOWING:

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JUDGMENT

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The challenge in these appeals is primarily the Common Order dated 24.09.2021 passed by the Karnataka Real Estate Appellate Tribunal, wherein the challenge was made to common order dated 20.06.2020 passed by the Adjudicating Officer, RERA, Bengaluru, in a complaint No.CMP/191120/0004715 filed by Respondent No.1 herein.

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Sri. E. Suhail Ahmed, learned counsel for

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Sri.Sanjay Kirshna V., Advocate for appellant, would submit, in view of the judgment of the Supreme Court in New Tech

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Promoters and Developers Pvt. Ltd. Vs. State of UP and Others reported in 2021 SCC OnLine SC 1044, the Adjudicating Officer was not competent to determine the compensation as sought by Respondent No.1 in his complaint. In other words, it is his submission that the order should have been passed by the Regulatory Authority and therefore the impugned order passed by the Adjudicating Officer, RERA, Bengaluru, is unsustainable in law.

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5 - NC: 2024:KHC:21136-DB RERA.A No. 26 of 2021 C/W RERA.A No. 27 of 2021

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The above submission is not disputed by learned counsel Sri. I.S. Devaiah, appearing for Respondent No.2RERA. The Respondent No.1, who appears in person request for early disposal of the complaint by the Regulatory Authority.

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In support of his submission, Mr. Suhail Ahmed has also relied upon the order of the Co-ordinate Bench of this Court in RERA Appeal No.9/2023 dated 05.09.2023 , wherein on similar plea, the Co-ordinate Bench of this Court had set aside the order passed by the Karnataka Real Estate Appellate Tribunal and remitted the matter back to the Regulatory Authority for fresh disposal in accordance with law and expeditiously. As such, on the only submission made by Sri. Suhail Ahmed, which is the one noted above, we pass the

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following:-

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ORDER

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i) The common order dated 24.09.2021 passed by Karnataka Real Estate Appellate Authority in appeal (K-REAT) No.344/2020 c/w. Appeal (K-REAT) No.382/2020, is set aside.

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