U.P Awas Evam Vikas Parishad Thru. ... vs Ram Niwas
2022 Latest Caselaw 6682 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 
Case :- RERA APPEAL DEFECTIVE No. - 11 of 2022
 
Appellant :- U.P Awas Evam Vikas Parishad Thru. Housing Commissioner Lko.
 
Respondent :- Ram Niwas
 
Counsel for Appellant :- Umesh Chandra Pandey
 

 
Hon'ble Abdul Moin,J.

C.M.Application No. 01of 2022

This is an application for condonation of delay in filing the appeal supported with affidavit.

Heard Shri Umesh Chandra Pandey, learned counsel for the appellant.

The reasons indicated in the affidavit filed in support of the application are sufficient.

Accordingly, the application is allowed and delay in filing the appeal is hereby condoned.

Order on memo of appeal

This is an appeal filed under Section 48 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred as 'Act 2016') against the order dated 10.02.2022 passed by the Uttar Pradesh Real Estate Appellate Tribunal, Lucknow (hereinafter referred as 'Tribunal') in Misc. Case No. 437 of 2019 Inre; U.P.Avas Evam Vikas Parishad Vs. Ram Niwas.

By the said order, appellate Tribunal has rejected the application for condonation of delay in filing the appeal and thus Misc. Case No. 437 of 2019 has also been dismissed.

Learned counsel for the appellant fairly submits that aggrieved against the similar order, he had filed Rera Appeal No. 14 of 2022 Inre; U.P.Avas Evam Vikas Parishad Vs. Smt. Abha Jain and Anr and this Court vide judgment and order dated 06.05.2022 has dismissed the appeal on the ground that no substantial question of law arises.

Learned counsel for the appellant fairly submits that the matter in issue is also covered by the aforesaid judgment in the case of Smt. Abha Jain (supra).

Having heard the learned counsel for the appellant and perused the record what is apparent is that the appellate tribunal has dismissed the application for condonation of delay filed by the appellant on various grounds. This Court in the case of Smt. Abha Jain (supra) has considered a similar order and was of the view that no substantial question of law arises.

In view of the fair submission of the part of the learned counsel for the appellant and this Court having perused the judgment of Smt. Abha Jain (supra) the Court does not find any reason to take a different view from the earlier judgment of this Court in the case of Smt. Abha Jain (supra).

Considering the aforesaid, the appeal is dismissed.

Order Date :- 13.7.2022

Pachhere/-