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TMI Blog2025 (3) TMI 179X X X X Extracts X X X X X X X X Extracts X X X X ..... became instituted at the instance of Yuvraj Arora and Vivek Arora, rather against the present petitioners. All the complaints were decided through a common judgment(s) as becomes embodied in (Annexure P-1). OBJECTIONS OF THE RESPONDENTS THAT THE INSTANT WRIT PETITION IS NOT MAINTAINABLE AS THE PRESENT PETITIONERS HAVE AN ALTERNATIVE REMEDY. 2. At the outset, the learned counsel appearing for the respondent has vigorously contended, that since the impugned annexure is appealable through a statutory appeal becoming made, there against before the authority contemplated under Section 43(5) of the Real Estate (Regulation and Development) Act of 2016 (hereinafter referred to as RERA Act), provisions whereof becomes extracted hereinafter:- 43. Establishment of Real Estate Appellate Tribunal. XX XXXXXXXXXXXXXXXXXXXXXXXX "(5) Any person aggrieved by any direction or decision or order made by the Authority or by an adjudicating officer under this Act may prefer an appeal before the Appellate Tribunal having jurisdiction over the matter: Provided that where a promoter files an appeal with the Appellate Tribunal, it shall not be entertained, without the promoter first having ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the present petitioners to avail the remedy under the RERA Act. 6. For determining the force of the supra submissions, it is deemed imperative to extract the provisions as become carried in Section 3 of RERA Act, the said provisions become extracted hereinafter:- "Section 3: Prior registration of real estate project with Real Estate Regulatory Authority. (1) No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under this Act: Provided that projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not been issued, the promoter shall make an application to the Authority for registration of the said project within a period of three months from the date of commencement of this Act: Provided further that if the Authority thinks necessary, in the interest of allottees, for projects which are developed beyond the planning area but with the requisite permi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts that are ongoing, on the date of commencement of this Act, and for which the completion certificate has not been issued, thereupons the promoter becomes enjoined to make an application to the Authority, for causing the registration of the said project but within a period of three months from the date of commencement of this Act. 10. In addition the second proviso which occurs under sub-Section 1 of Section 3 of the RERA Act, further makes speakings to the extent, that it casts a statutory obligation upon the competent authority, to if it in its profound wisdom it deems it necessary, but in the interest of allottees, to qua such projects, which are developed beyond the planning area, but with the requisite permission of the local authority, thus to make a direction upon the promoter of such a project, to register the same with the authority, where upons the provision of the said provision or the rules and regulations made there unders become further declared to apply to such projects from the date of registration. 11. Consequently, though in terms of the second proviso to sub-Section 1 of Section 3 of the RERA Act, thus irrespective of the promoter rather omitting to thus with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e permission of the local authority, thus make a direction upon the promoter to register the project with the competent authority, wherebys the provisions of this Act and of the thereunder regulations are declared to become applicable qua such projects from the date of registration. Moreover, the further inference therefroms, is that, since the sanction behind the lack of compliance qua the order rendered in the terms of the second proviso to sub-Section 1 of Section 3 of RERA Act, thus also becomes embodied in Section 51 of RERA Act, therebys the appositely made order requires adherence theretos becoming made, rather thus to avoid the imposition of the supra punishments. "51. Officers and other employees of Appellate Tribunal-(1) The appropriate Government shall provide the Appellate Tribunal with such officers and employees as it may deem fit. (2) The officers and employees of the Appellate Tribunal shall discharge their functions under the general superintendence of its Chairperson. (3) The salary and allowances payable, to and the other terms and conditions of service of, the officers and employees of the Appellate Tribunal shall be such as may be prescribed." 13. Con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... actum (I) that the present petitioners have made a rigid dependence both upon the provisions which occur in sub-Section 1 of Section 3 of RERA Act and also upon the provisions as become embodied in the second proviso thereof. Moreover, the counsel for the petitioners but has also remained unmindful vis-à-vis, the fact that the said provisions were to be also read alongwith the other corresponding provisions which occur in the RERA Act. 17. Therefore, all the hereafter alluded to provisions, as occur the RERA Act, are to be also read harmoniously alongwith the supra provisions, whereupon thus, for the further reasons to be assigned hereafter, rather the arguments addressed before this Court by the learned counsel for the petitioner, become rendered infirm and as such deserve becoming rejected. The said provisions are the ones which occur in Section 31 of the RERA Act, provisions whereof become extracted hereinafter. "31. Filing of complaints with the Authority or the adjudicating officer:- (1) Any aggrieved person may file a complaint with the Authority or the adjudicating officer, as the case may be, for any violation or contravention of the provisions of this Act or t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... compliances rather even by the competent authority, vis-à-vis, the mandate enclosed in the second proviso to sub-Section 1 of Section 3 of RERA Act, thus is not the apposite statutory precursor rather for vesting the competent adjudicatory jurisdiction in the RERA Authorities. 21. Moreover, since the term 'promoter' as defined in Section 2 (zk) of the RERA Act, has been statutorily imparted an omnibus meaning whereby it covers "any person" who constructs or causes to be constructed, an independent building or a building consisting of apartments, or converts an existing building or a part thereof into apartments, for the purpose of selling all or some of the apartments, to other persons and includes his assignees. In sequel, therebys if the said plenitude of statutory meaning, thus becomes assigned to "promoter" besides, when the term Real Estate Project, has been defined to cover the development of a building or a building consisting of apartments, or converting an existing building or a part thereof into apartments, or the development of land into plots or apartments, as the case may be, for the purpose of selling all or some of the said apartments or plots or buildings, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id employed statutory definitions to respectively to the terms allottee and to the promoter. Thus leads to further influence that the present respondents ill acts of the promoter. Resultantly, when therebys to the presently aggrieved the respondents from the purported ill acts of the present petitioner whose the promoter of the subject projects as become arouse though the makings of Annexure P-3. In sequel when the present respondent on becoming aggrieved as such becomes empowered to within the ambit of Section 31(2) filed a complaint before the RERA authorities against the present promoter who is the present petitioner. The vesting of jurisdictional competence to decide the present subject complaints is to be becomes rested on the provisions embodied in section specially when the said provisions then the provisions incorporated in sub-Section 1 of Section 3 of RERA Act. All the provisions incorporate in the second proviso Section 3 thus a linchpin or the nerve center for vestment of competent adjudicatory jurisdictional competence in the RERA authority. Wherebys, the subject complaints are declared to be competently instituted before the RERA Authority. (iv) an apex State ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of 'promoter', offered through Annexure P-3 rather the subject project for sale to the prospective buyers. Resultantly, when on makings of plain and literal interpretation of the supra provisions, but manifests that therebys the competent adjudicatory jurisdiction vis-a-vis complaints, as received from any ill act of even a promoter, as the present petitioner, thus is, hence becomes conferred upon the RERA authorities. In sequel both the filing of the complaints and also in the makings of decision(s) thereons, thus neither suffers from any inherent jurisdictional defect nor the exercising of adjudicatory jurisdiction by the RERA authority, upon, the subject complaints, become ridden with the vice of coram non judice nor also the exercising of writ jurisdiction by this Court, thus in the face of availability of remedy of appeal to the present petitioner, to therebys challenge Annexure P-1, thus is a well recoursed remedy. 25. Resultantly, also therebys the non registration of the subject project by the present petitioners with the RERA nor the passing of any order in terms of second proviso of sub-Section 1 of Section 3 of RERA Act, thus is completely meaningless nor therebys ..... X X X X Extracts X X X X X X X X Extracts X X X X
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