In the Matter of M/S Parador Developers ... vs Real Estate Regulatory Authority RERA Appeal No.19 of 2020 decided on 27 November, 2020 before THE HIGH COURT OF PUNJAB AND HARYANA
Fact of the Matter
- Vide request dated 13.10.2017, the appellant sought permission for change of land use of an area measuring 93.265 acres for development of a residential colony.
- The Department of Town and Country Planning, Punjab, granted permission for change of land use vide its memo dated 17.10.2017.
- Consequently, an application for grant of licence was made to the Amritsar Development Authority, who, granted the licence vide its memo dated 13.06.2019. Licence period was 5 years ending on 12.06.2024.
- Thus, application dated 10.09.2019 was filed before the Real Estate Regulatory Authority, Punjab (hereinafter referred to as the 'Authority) for registration of Phase-I of the residential colony under the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'the Act').
- A declaration in Form-B was also filed stating that the development 1 of 8 work would be completed on or before 12.06.2024.
- Phase-I was registered but the validity thereof was reduced by one year i.e. upto 12.06.2023.
- The appellant sought a clarification and vide memo dated 13.11.2019.
- The Authority clarified that registration was uptill 12.06.2023 only as the group housing component was not being executed in Phase-I.
- Thus, the appellant filed a statutory appeal before respondent No.2 but the same has been dismissed vide order dated 03.07.2020. (This Order is published on this blog on 18.05.2021)
- Hence, the present appeal has been filed under Section 58 of the Act.
Order of the High Court
It is held that the Authority has no power or jurisdiction to reduce the time period mentioned in the declaration. If it feels that the period mentioned is arbitrary or unacceptable due to any reasons, a notice to show cause for rejection of the application must be given.
