Auric Buildsquare Private ... vs Rajasthan Real Estate Regulatory ...
2021 Latest Caselaw 6920 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Civil Writ Petition No. 13555/2021

Auric Buildsquare Private Limited
                                                                    ----Petitioner
                                   Versus
Rajasthan Real Estate Regulatory Authority and Ors.
                                                                 ----Respondents

For Petitioner(s) : Mr. Samkit Jain, Advocate and Ms. Shruti Rai, Advocate for Mr. Mitesh Rathore

HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

25/11/2021 Learned counsel for the petitioner submits that the Co-

ordinate Bench of this Court vide order dated 16.11.2021 passed

in D.B. Civil Writ Petition No.12738/2021 while issuing notice to

the respondents granted interim relief in favour of the

petitioner(s). He has passed over a copy of the order dated

16.11.2021, which is reproduced as under:

"The petitioner has 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

(2 of 2) [CW-13555/2021]

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 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 petitioner pending before the Single Member Bench of RERA shall not proceed further.

List the matter on 13/12/2021."

Issue notice to the respondents, returnable by 13.12.2021.

Till then, proceedings pending against the petitioner before

Single Member Bench of RERA shall remain stayed.

List on 13.12.2021.

(UMA SHANKER VYAS),J (PRAKASH GUPTA),J

Mohit/KuD/61

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