M/S. Hi-Tech Edifice Pvt. Ltd vs Union Of India & Ors
2021 Latest Caselaw 8366 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No.5797 of 2021
            M/s. Hi-Tech Edifice Pvt. Ltd.        ....          Petitioner
                                              Mr. Subhankar Rout, Adv.

                                        -versus-

            Union of India & Ors.                   ....         Opp. Parties

                                                   Mr. P.K. Parhi, ASG

                       CORAM:
                       JUSTICE S.K. MISHRA
                       JUSTICE SAVITRI RATHO
                                       ORDER

Order No.                             10.08.2021
   02.      1.       This matter is taken up through hybrid mode.

2. Heard Mr. S. Rout, learned counsel for the Petitioner and Mr. P.K. Parhi, learned Assistant Solicitor General of India.

3. In course of hearing, Mr. S. Rout, learned counsel appearing for the Petitioner submits a copy of the judgment rendered by a Division Bench of the High Court of Punjab and Haryana, Chandigarh, in a bunch of Civil Writ Petitions, one of them is CWP No.38144 of 2018, in which the vires of the provision of Sub-Section (5) of Section 43 of the Real Estate (Regulation and Development) Act, 2016 was challenged. However, after completion of hearing, the Division Bench of Punjab and Haryana High Court came to a conclusion that the

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aforesaid provision is not ultra vires of the Constitution. It is brought to our notice that the Hon'ble Supreme Court, in a Special Leave Petition (Civil) Diary No(s).26095/2020, against the order passed by the High Court of Punjab and Haryana, Chandigarh in the aforesaid case, has issued notices and has also stayed operation of the impugned judgment till disposal of the aforesaid Special Leave Petition.

4. In that view of the matter, we find it expedient to issue notice to the opposite parties.

5. Three extra sets of the brief be served on Mr. P.K. Parhi, learned Assistant Solicitor General of India within seven days hence. Notice be sent to Opposite Party no.4 through Registered Post with A.D./Speed Post returnable within six weeks. Postal requisites shall be filed within seven working days hence.

6. List this matter on 27.09.2021. Counter affidavit, if any, be filed by the Opposite Parties in the meantime.

( S. K.Mishra) Judge

( Savitri Ratho ) Judge I.A. No.2763 of 2021

1. Heard.

2. Issue notice as above.

3. Accept one set of process fee.

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4. In the interim, it is directed that no coercive action shall be taken against the Petitioner for non-compliance of Proviso to Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 till disposal of the present Writ Petition, subject to the condition that the Petitioner shall deposit a sum, equal to 50% of the amount awarded excluding the interest component, with the Odisha Real Estate Appellate Tribunal within fifteen working days hence.

5. The I.A. is disposed of.

6. Urgent certified copy of this order be granted on proper application.

( S. K.Mishra) Judge

( Savitri Ratho ) Judge BJ