U.P. Awas Evam Vikas Parishad ... vs U.P.Real Estate Appellate ...
2023 Latest Caselaw 15867 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:35273
 
Court No. - 18 
 
Case :- RERA APPEAL No. - 237 of 2021
 
Appellant :- U.P. Awas Evam Vikas Parishad Thru.Lko. Housing Commissioner
 
Respondent :- U.P.Real Estate Appellate Tribunal Thru.Pres. Officer And Ors.
 
Counsel for Appellant :- Shikhar Srivastava
 
Hon'ble Saurabh Lavania,J.

1. Heard.

2. Shri Shikhar Srivastava, learned counsel for the appellant fairly stated that RERA Appeal No. 237 of 2021; RERA Appeal No. 238 of 2021; RERA Appeal No. 239 of 2021; RERA Appeal No. 248 of 2021, RERA Appeal No. 17 of 2022 and RERA Appeal Defective No. 268 of 2021 are covered by the judgment of co-ordinate bench of this Court passed in RERA Appeal No. 26 of 2022 and other connected matters in re: U.P. Awas Evam Vikas Parishad, Lucknow Vs. Nishta Bhatnagar dated 5.7.2022, as the questions of law framed in these appeals are similar to the appeals that has already been decided vide judgment of Nishta Bhatnagar (supra) dated 5.7.2022 and being so these appeals can be decided separately in terms of judgement dated 5.7.2022.

3. Accordingly, list RERA Appeal No. 237 of 2021; RERA Appeal No. 238 of 2021; RERA Appeal No. 239 of 2021; RERA Appeal No. 248 of 2021, RERA Appeal No. 17 of 2022 and RERA Appeal Defective No. 268 of 2021 separately on 22.5.2023.

4. It is also stated that on previous occasion inadvertently, it was stated before this Court that RERA Appeal Defective No. 70 of 2023 and RERA Appeal Defective No. 72 of 2023 be listed along with RERA Appeal No. 237 of 2023 however the issue involved in these appeals are similar to pending RERA Appeal Defective No. 17 of 2023.

5. In view of the aforesaid, the Office is directed to list RERA Appeal Defective No. 70 of 2023 and RERA Appeal Defective No. 72 of 2023 separately with RERA Appeal Defective No. 17 of 2023 after de-linking these appeals from this bunch of appeals on 22.5.2023.

6. the Office is directed to list/put up remaining appeals on 22.5.2023 as RERA No. 2 of 2023 as leading appeal.

Order Date :- 19.5.2023/Mohit Singh/-