Khushi Gupta
Published on: May 4, 2022 at 17:12 IST
The Punjab and Haryana High Court has made it clear that merely obtaining of an occupancy certificate by builders pertaining to a housing project before the commencement of Real Estate Regulatory Authority Act, will not render them to be outside the purview of the Jurisdiction of the State Real Estate Regulatory Authority (RERA).
The High Court Division Bench passed these Orders while hearing a Petition filed by Experion Developers Private Limited.
The Petitioner company had sought directions for setting aside the Proceedings pending before the Haryana Real Estate Regulatory Authority (H-Rera), Gurugram.
Further directions were also sought to restrain H-Rera from acting in contravention of the Provisions of the Real Estate (Regulation and Development) Act, 2016.
The main contention of the Petitioner was regarding the Jurisdiction of the Authority to pass the Orders, with the contention being that the Petitioner having received an Occupancy Certificate in respect of at least that part of the project on March 2, 2017, and the RERA Act having come into effect only from May 1, 2017, the project has to be treated to be a completed one and there was no requirement for even registration of the project with the Authority in terms of the RERA Act.