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Showing posts with label Section 3(2)(b) of RERA Act. Show all posts
Showing posts with label Section 3(2)(b) of RERA Act. Show all posts

Wednesday, 23 June 2021

The project completion means that it must be completed in all respects and the entire project was handed over to the respective buyers

 In the Matter of M/S.Sare Shelters Project Pvt. ... vs Sare Squires C.M.S.A.No.27 of 2020 decided on 16.02.2021 before THE HIGH COURT OF MADRAS, the High court held thatThe project completion means that it must be completed in all respects and the entire project was handed over to the respective buyers and all the original documents are handed over to the apartment owners association. Therefore, the builder cannot enter thereafter into the project premises as they lost their legal rights except with the permission of the owners or with reference to the agreement, if any, between the parties.


In the Matter of Subashini Thulasiram vs M/S.Spr & Rg Constructions C.M.S.A.No.22 of 2019 decided on 15 September, 2020 before THE HIGH COURT OF MADRAS it was held by the high court that  “The application for completion certificate without environmental clearance certificate is a defective application and in the eye of law, it cannot be called as an application for completion certificate…… The State Level Environmental Impact Assessment Authority cannot issue post facto environmental clearance certificate”,