Vivanta Corporation vs Rajasthan Real Estate Regulatory ...
2021 Latest Caselaw 6579 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              D.B. Civil Writ Petition No. 12738/2021

Vivanta Corporation
                                                                  ----Petitioner
                                   Versus
Rajasthan Real Estate Regulatory Authority
                                                                ----Respondent

For Petitioner(s) : Mr. Pranjul Chopra For Respondent(s) :

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA

Order

16/11/2021

The petitioners have challenged vires of Regulation 9 of the

Rajasthan Real Estate (Regulatory Authority) Regulations, 2017.

Learned counsel for the petitioners fairly brought to our notice

that in a recent judgment of the Supreme Court in M/s. Newtech

Promoters and Developers Pvt. Ltd. Vs. State of UP & Ors. etc.

dated 11.11.2021 in which according to him, the formation of a

Single Member Bench of Real Estate Regulatory Authority (RERA)

in exercise of powers of delegation under Section 81 of the

Rajasthan Real Estate (Regulation and Development) Act, 2016

has been upheld. Counsel submitted that the question whether by

framing a regulation under Section 85, such powers can be vested

to a Single Member Bench is not decided by the Supreme Court in

the said case. He drew our attention to the Division Bench

judgment of the Punjab & Haryana High Court in the case of Janta

Land Promoters Private Limited and Ors. Vs. Union of India and

(2 of 2) [CW-12738/2021]

Ors. : 2020 (4) RCR (Civil) 845, in which similar regulation came

to be declared unconstitutional.

Issue notice. By way of an ad interim relief, it is provided

that the proceedings against the petitioners pending before the

Single Member Bench of RERA shall not proceed further.

List the matter on 13/12/2021.

                                    (REKHA BORANA),J                                                       (AKIL KURESHI),CJ

                                   Anil Goyal/BM Gandhi-PS/6









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