Rajasthan High Court
Avalon Projects (A Unit Of Grj ... vs State Of Rajasthan ... on 12 September, 2023
Bench: Ganesh Ram Meena
[2023:RJ-JP:22325]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 9749/2021
Avalon Projects (A Unit Of Grj Distributors And Developers Pvt.
Ltd.), Having Its Registered Office At 64, Scindia House,
Connaught Place, New Delhi - 11001 And Corporate Office At
9Th Floor, Sas Tower, Near Medicity, Sector 38, Gurgaon Through
Its Authorized Signatory Shri Jasvir Singh.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Urban
Development And Housing Department, Food Building,
Secretariat, Jaipur - 302005.
2. Rajasthan Real Estate Regulatory Authority, Through
Chairman, 2Nd And 3Rd Floor, Rsic Building, Udyog
Bhawan, Tilak Marg, C-Scheme, Jaipur.
3. Adjudicating Officer, Rajasthan Real Estate Regulatory
Authority, Through Chairman, 2Nd And 3Rd Floor, Rsic
Building, Udyog Bhawan, Tilak Marg, C-Scheme, Jaipur.
4. Chiranjeev Bhutani, H.no. 88/1, Imt Sec - 1, Manesar,
Gurgaon.
5. Ajay Kumar Gupta, R/o D - 2, Pushpanjili Enclave,
Pitampura, New Delhi -110034.
6. Ajay Singal, R/o Plot No. 16, Road No. 51, Punjabi Bagh,
New Delhi.
7. Adish Estate Pvt. Ltd., Having Its Office At A-46, Ff
Double Storey, West Patel Nagar, Central Delhi, Delhi
Through Director.
8. Anil Chillar, R/o A-38, Ff West Patel Nagar, New Delhi.
----Respondents
For Petitioner(s) : Mr. Archit Bohra
For Respondent(s) : Mr. Saransh Ghiya
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
12/09/2023
[2023:RJ-JP:22325] (2 of 4) [CW-9749/2021]
The instant writ petition has been filed by the petitioner
assailing the order dated 29.07.2021 passed by the Adjudicating
Officer, Rajasthan Real Estate Regulatory Authority, Jaipur (for
short 'the RERA Authority') in Application No.2018-2420, whereby
the Adjudicating Officer decided the complaint on merits and
passed orders for refund of amount with interest and
compensation.
Counsel for the petitioner submits that the Hon'ble Apex
Court in Newtech Promoters and Developers Pvt. Ltd. Vs.
State of U.P. & Ors. (Civil Appeal No.6745- 6749 of 2001)
decided on 11.11.2021 framed question No.2: "Whether the
authority has jurisdiction to direct return/ refund of the amount to
the allottee under Sections 12, 14, 18 and 19 of the Act or the
jurisdiction exclusively lies with the adjudicating officer under
Section 71 of the Act?"
Answering the aforesaid question, the Hon'ble Apex Court in
para 86 of the aforesaid judgment has observed as under:-
"86. From the scheme of the Act of
which a detailed reference has been made
and taking note of power of adjudication
delineated with the regulatory authority
and adjudicating officer, what finally culls
out is that although the Act indicates the
distinct expressions like 'refund', 'interest',
'penalty' and 'compensation', a conjoint
reading of Sections 18 and 19 clearly
manifests that when it comes to refund of
the amount, and interest on the refund
amount, or directing payment of interest
for delayed delivery of possession, or
penalty and interest thereon, it is the
regulatory authority which has the power
to examine and determine the outcome of
a complaint. At the same time, when it
comes to a question of seeking the relief of
adjudging compensation and interest
thereon under Sections 12, 14, 18 and 19,
the adjudicating officer exclusively has the
[2023:RJ-JP:22325] (3 of 4) [CW-9749/2021]
power to determine, keeping in view the
collective reading of Section 71 read with
Section 72 of the Act. If the adjudication
under Sections 12, 14, 18 and 19 other
than compensation as envisaged, if
extended to the adjudicating officer as
prayed that, in our view, may intend to
expand the ambit and scope of the powers
and functions of the adjudicating officer
under Section 71 and that would be
against the mandate of the Act 2016."
Counsel for the petitioner submits that in view of the settled
legal position by the Hon'ble Apex Court, this Court also in various
cases has set-aside the order of the Adjudicating Officer, allowing
the applications for refund, interest on the amount and
compensation. In support of his submissions, the counsel has
placed reliance upon the orders dated 4.8.2022 passed in SBCW
P.No. 9679/2021 (Chetan Prakash Goyal Vs. Adjudicating Officer,
Rajasthan Real Estate Regulatory Authority & Ors.), 11.5.2022
passed in SBCW P.No. 6663/2022 (Genesis Infratech Private
Limited Vs. Adjudicating Officer, Rajasthan Real Estate Regulatory
Authority & Anr.). Counsel submits that in view of the judgment
delivered by the Hon'ble Apex Court in the case of ewtech
Promoters and Developers Pvt. Ltd. (supra) and the orders
passed by this Court in the cases cited above, the impugned order
of the Adjudicating Officer in this case also deserves to be
quashed and set aside with the direction to transfer the
application to the RERA Authority for a fresh decision.
Counsel appearing for the respondents does not dispute the
legal position as stated above and also gives consent for
transferring the application to the RERA Authority for fresh
decision after quashing the order of the Adjudicating Officer.
[2023:RJ-JP:22325] (4 of 4) [CW-9749/2021]
Considering the averments made by the counsel appearing
for the respective parties and the case law cited, this writ petition
which has been filed by the petitioner assailing the legality and
validity of the order dated 29.07.2021, passed by the Adjudicating
Officer, RERA, Jaipur, is disposed of in the following terms on the
request and with the consent of learned counsels for the
respective parties:-
1. The order dated 29.07.2021 passed by the Adjudicating
Officer allowing the Application No.2018-2420 is quashed and set
aside.
2. The Application No.2018-2420 stands transferred to the
RERA Authority with necessary modifications to be carried out by
the respondent No.4 within a period of two weeks from today
whereupon, the RERA Authority shall proceed to decide the same
in accordance with law.
3. The parties shall remain present before the RERA Authority
on 09.10.2023.
(GANESH RAM MEENA),J
ARTI SHARMA /79
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