Neelanchal Construction Pvt. Ltd vs Manogovinda Mishra & Others
2021 Latest Caselaw 12593 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               M.S.A. NO.04 OF 2021

            Neelanchal Construction Pvt. Ltd.                         Appellant
                                                    ....
                                                      Mr.G. N. Parida, Advocate
                                     -versus-
            Manogovinda Mishra & Others       ....                  Respondents.
                    CORAM:
                    MR. JUSTICE D.DASH
                                        ORDER

Order No.                              07.12.2021
   01.      1.      This matter is taken up through hybrid arrangement
            (virtual/physical mode).

2. This is an Appeal under Section-58 of the Real Estate (Regulation and Development) Act, 2016.

The Appellant, by filing this Appeal has challenged the judgment dated 08.09.2021 passed by the learned Odisha Real Estate Appellate Tribunal, Bhubaneswar in OREAT Appeal No.28 of 2021. The said Appeal had been filed by the present Appellant challenging an order dated 07.04.2021 passed by the learned Odisha Real Estate Regulatory Authority, Bhubaneswar in Complaint Case No.121 of 2020. The learned Regulatory Authority rejected the petition filed by the Appellant praying therein to take up the hearing as to maintainability of the complaint as a preliminary issue. The learned Appellate Authority being of the view that the same is not a pure question of law but mixed question of law also requiring consideration of the factual aspects should be taken up for decision while finally deciding the complaint has accordingly affirmed the order impugned therein.

3. Heard Mr. G.N. Parida, learned Counsel for the Appellant.

// 2 //

I have read the judgment of the learned Appellate Tribunal as also the order passed by the learned Original Authority.

4. The Appeal is admitted on the following substantial question of law:-

"Whether in view of issuance of completion/occupancy certificate prior to the commencement of Real Estate (Regulation and Development) Act, 2016, the Authority was well within its right in assuming the jurisdiction to entertain the complaint filed by the Respondent Nos.1 & 2 for the reliefs claimed therein?

5. Issue notice to the Respondent Nos.1 & 2 by Registered Post with A.D. Steps be taken within a week hence. In that event notice be issued fixing a short returnable date. No notice need be issued to the Respondent No.3.

6. List this matter in the week commencing 5th February, 2022.

                                                              (D. Dash)
                                                                Judge
                                           ORDER
                                          07.12.2021
   Order No.                         I.A. NO.14 OF 2021
          02.   1.      This matter is taken up through hybrid arrangement
                (virtual/physical mode).
                2.      Heard.

3. As an interim, it is directed that further proceeding in C.C. No.121 of 2020 pending before the learned Odisha Real Estate Regulatory Authority, Bhubaneswar shall remain stayed till the next date of listing.

Issue urgent certified copy as per rules.

(D. Dash) Judge.

Narayan