Allahabad High Court
U.P. Awas Evam Vikas Parishad ... vs U.P.Real Estate Appellate ... on 22 May, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:35762
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
with
Case :- RERA APPEAL No. - 238 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
with
Case :- RERA APPEAL No. - 239 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
Counsel for Respondent :- Saghar Mehdi
with
Case :- RERA APPEAL No. - 248 of 2021
Appellant :- U.P. Awas Evam Vikas Parishad Thru.Housing Commissioner Lko.
Respondent :- U.P.Real Estate Appellate Tribunal Lko.Thru.Pres.Officerandors
Counsel for Appellant :- Shikhar Srivastava
Counsel for Respondent :- Anurag Arora
with
Case :- RERA APPEAL No. - 17 of 2022
Appellant :- U.P. Awas Evam Vikas Parishad Lko. Thru Housing Commissioner
Respondent :- U.P.Real Extate Appellate Tribunal Thru Presidingofficerandors
Counsel for Appellant :- Shikhar Srivastava
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the parties.
The substantial question(s) of law framed by this Court in these appeals are same, which on reproduction read as under:-
"(i) Whether a complaint by an allottee can be entertained under the provisions of Section 71 of the Real Estate (Regulation and Development) Act, 2016 after the execution of a sale deed and handing over of possession by the Promoter including the appellant as defined under Section 2 (zk) of the Real Estate (Regulation and Development) Act, 2016, to the allottee?
(ii) Whether delay interest on the deposited amount can be given to allottees, once they have accepted the terms of the conveyance deed and taken possession of the flat/residential unit without any protest?
(iii) Whether the allottee is entitled to interest, if he has been handed over possession of the flat with delay, but on the agreed commercial price?
(iv) Whether the allottee would be entitled to interest w.e.f. the date of enforcement of Act or from the proposed date of completion of project?"
Learned counsel for the respondent has placed a copy of the judgment dated 05.07.2022 passed by a co-ordinate Bench of this Court in RERA Appeals leading of which is RERA APPEAL No. 26 of 2022 (U.P. Awas Evam Vikas Parishad,Lucknow Thru. Its Housing Commissioner vs. Nishta Bhatnagar) and based upon the same, he stated that the issue(s) involved in the present appeals is squarely covered by the judgment dated 05.07.2022 passed by a co-ordinate Bench of this Court in the case of Nishta Bhatnagar (supra), as the same question(s) of law were framed in the case of Nishta Bhatnagar (supra) & other connected appeals and this Court upon due consideration, dismissed all the appeals vide judgment dated 05.07.2022.
The aforesaid could not be disputed by Sri Shikhar Srivastava, learned counsel for the appellant. However, he says that SLP against the judgment dated 05.07.2022 passed by a co-ordinate Bench of this Court in the case of Nishta Bhatnagar (supra) and other connected appeals are pending before the Hon'ble Apex Court.
Taking note of the aforesaid including the judgment dated 05.07.2022 passed by a co-ordinate Bench of this Court in the case of Nishta Bhatnagar (supra) and other connected appeals and the substantial question(s) of law, quoted above, as also the substantial question(s) of law decided by this Court vide judgment dated 05.07.2022, this Court is of the view that the present appeals are squarely covered by the judgment dated 05.07.2022. Accordingly, the present appeals are dismissed. No order as to cost.
Order Date :- 22.5.2023
Arun/-
