Finally, the most awaited judgment of Supreme Court on RERA Matters is here concerning UP RERA Orders challenged in appeal (SLP) before Apex Court.
Now you must be wandering what has been held in this judgment? What’s in for me as homebuyer? Now what I am supposed to do?
You can access the judgment here passed on 11.11.2021 by Justices Uday Umesh Lalit, Ajay Rastogi and Aniruddha Bose. I guess something is special about this date for consumers. Time will tell.
This post may bring in some clarity to you but if you plan to become an ace Google Researcher, then my blessings are with you. Good Luck with your search and you can discontinue reading this post from here titled as Newtech Promoters and Developers Pvt. Ltd vs State of UP & Ors. Etc.
For others, let us read, how popular legal websites have comprehended this RERA Order of Supreme Court for you and me. Even I am trying to understand the repercussions this Supreme Court RERA Judgment 2021 for my clients. So help is round the corner but first let’s see what popular legal websites in India has to say about this order:
By Economic times.
Summary- RERA Applicable to all incomplete projects wherein CC (Completion Certificate) not granted. So states have to amend their RERA rules to cover ongoing projects.
2 Mint writes More power to the home buyer, thanks to SC’s RERA order
This is true but they won’t let you read the entire piece. It is quite irritating for the readers. Hope you could get access to the page.
Finally there is end to Form M N confusion of RERA , both at RERA Punjab and RERA Panchkula Haryana Authority. But the order of Supreme Court for RERA Punjab and Haryana Authority is still awaited and most likely in my view the precedent will remain the same and refund powers will go with Authority. Since Haryana has amended the rules and Punjab affirmed to its appellate view in Sandeep Mann case without changing the rules.
There was a huge hue and cry whether the RERA Acts applies retrospectively or prospectively but once again Supreme Court on basis of Neelkamal’s judgment held RERA to be retroactive wherein projects not completed on date of enforcement of RERA are covered. This also applies to unregistered project. Today mandate of RERA is for every new unfinished project to get RERA registration mandatorily.
You might not be able to read the entire post since the website offers you subscriptions to read the entire post.
This is contradictory to Punjab and Haryana High Court judgment for RERA Punjab wherein Single Member decisions were held improper and illegal. Thus this paves way for RERA Punjab authority to hold courts on basis of Single member. Though the Supreme Court judgment discusses UP RERA Rules and Regulations but in my view the results will be more or similar on same terms. Rest, let us what Supreme Court holds for RERA Matters of Punjab and Haryana High Court.
Court held Section 81 of RERA empowers such a delegation to Single Member.
6 Sec 40 RERA – Homebuyers Entitled To Recover Amount Invested Along With Interest As Land Revenue Arrears From Builder : Supreme Court writes LiveLaw.
The court held amount awarded by court as Refund, Interest or Compensation can be recovered as arrears of land revenue under Section 40 and be recovered by the court.
7 Condition Of Pre-Deposit For Filing Appeal U/Sec 43(5) RERA Not Discriminatory Against Promoters: Supreme Court writes LiveLaw. It is held predeposit as envisaged under Section 43(5) of the Act, in no circumstance can be said to be onerous as prayed for or in violation of Articles 14 or 19(1)(g) of the constitution of India in Case no. and Date: CA 6745 6749 OF 2021 | 11 November 2021
8 Supreme Court Upholds Application Of RERA To Real Estate Projects Ongoing At Act’s Commencement
Wherein court observed the legislature consciously enacted a retroactive statute as parliament is always competent to enact any law affecting the antecedent events. Thus it cannot be said to be either violative of articles 14 or 19(1)(g) of the constitution of India. Thus the court held RERA application is retroactive in character.
9 RERA can delegate its powers to hear complaints from homebuyers: SC . Supreme Court has held that RERA Authority members can sit individually and decide cases. Since the mechanism provides for appeal and any order can be corrected if it violates law.
10 MoneyControl further writes Will Supreme Court’s RERA jurisdiction verdict empower the regulatory authority? Has set many burning questions on working or RERA Courts in the country. Whether or not RERA has fulfilled its promise answers Venket Rao, legal adviser of UP RERA wherein Supreme Court has removed the grey area in law.
What still remain confusing is Jurisdiction to decide on compensation lies with the Authority? First the authority will take cognizance and then authority will forward the case to AO (Adjudicating Officer) for compensation. Is it so?
Then no one can file cases straightaway with AO/Form N. Will it not increase multiplicity? One more case for compensation? Hope the confusion of homebuyer’s end with this judgment or else RERA will remain a disappointment if the situation prevails.
There will be more people in coming days who will be writing about Supreme Court Latest RERA Order on Uttar Pradesh (UP) matters and how it paves way for the homebuyers to secure their interest in the project.
But wait for Supreme Court RERA Matters of Punjab and Haryana High Court in coming days and how it will impact RERA Punjab and Haryana RERA Panchkula Authority. Let us see.
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The post is written by Advocate Satish Mishra. You can view my profile here.