Guwahati: Setting aside an order of the Real Estate Regulatory Authority (RERA) of Assam, the appellate tribunal in the state on Tuesday allowed registration of a project which is under litigation at the Gauhati High Court.
The Assam Real Estate Appellate Tribunal (REAT) observed that rejecting or stalling or deferring consideration of an application for registration of a real estate project merely because cases are pending before courts when there are no restrain or injunction order operating against the promoter would open a new ground.
“This would have far reaching adverse ramifications and would set down a dangerous precedent,” the REAT said in its order.
The Tribunal directed RERA to consider the application for registration submitted by Shristi Infrastructure Development Corporation Ltd for a project.
The judgment was pronounced by Assam REAT Chairperson Justice (Retd) Manojit Bhuyan and Member Onkar Kedia on an appeal filed by the promoter of the project challenging an order issued by the RERA in March.
The RERA had held that in view of serious issues of public interest involved, it would not be appropriate to grant registration while a case against the project was pending at the Gauhati High Court.
The RERA had advised the promoter to come for registration after all the cases were disposed of by the high court.
Every promoter needs to make an application to the RERA for registration of a real estate project.
“The Tribunal set aside the order dated 10.3.21 of the RERA, Assam, stating that it could not stand the scrutiny of law. It directed the RERA, Assam to consider and take a conscious decision on the application filed by the promoter for registration of ‘Paradise Apartments, Phase-I’ within 30 days,” the order said.
The Tribunal also pointed out that the promoter has undertaken to refund the amount of the buyers if the high court passes any unfavourable order in the pending matter.
“It also observed that in the event of any adverse orders passed by the Hon’ble High Court in the pending matters, it would be open for the Assam RERA to revoke the registration,” the Tribunal added.
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