PRT CONSTRUCTIONS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this writ appeal is to the order dated 26.8.2019 by which the learned Single Judge, while refusing to grant stay of the operation of order dated 21.8.2018 passed by the Real Estate Regulatory Authority, Raipur (RERA), dismissed the application filed by the appellant herein for grant of interim relief being I.A. No.1/2019.

(2.) Brief facts of the case are that petitioner/appellant is a proprietary concern engaged in the business of developing land and constructing building & flats thereon for residential/ commercial purpose. After obtaining requisite permissions & sanctions from the competent authorities concerned, the appellant constructed a residential building namely 'Usha Kiran Parisar' situated at Bhatagaon, Raipur. This residential project was launched in the year 2011. On 29.8.2014 the appellant applied before the competent authority for issuance of completion certificate. However, the completion certificate was not issued. On 23.4.2018 several complaints were filed against the appellant before the RERA alleging non fulfilment of the promises made by appellant in the brochure and advertisement for sale of flats. The RERA took cognizance on the said complaints and passed the order dated 21.8.2018 against the appellant against which the appellant preferred a writ petition before the writ Court along with an application for grant of interim relief seeking stay of the effect and operation of the order passed by RERA. The said interim application came to be dismissed vide order impugned, which made the appellant to file this writ appeal.

(3.) Learned counsel for the appellant submits that complainants and other buyers have already taken possession of residential flats and started residing therein much prior to filing of complaints, which came to filed only in the month of December, 2018. He also submits that all the necessary amenities/ facilities, as promised by appellant, have been made available in the residential building in question, the project itself was completed in the year 2014 and application for grant of completion certificate was also submitted before the competent authority i.e. Commissioner, Municipal Corporation, Raipur, which was not granted within the time stipulated under the Municipal Corporation Act, 1956 (for short 'the Act of 1956'), therefore, under the deeming provision, as provided under Section 301 of the Act of 1956, it will be deemed that project has already been completed and certified. He further submits that even on 27.11.2018 the Municipal Corporation, Raipur had released the flats mortgaged with it. In these circumstances, the provisions of the Chhattisgarh Real Estate (Regulation and Development) Act, 2016 (for short 'the Act of 2016') are not applicable to the project of the appellant as it was not an ongoing project, rather the same was completed much prior to coming into force of the Act of 2016 i.e. in the year 2014. However, the learned Single Judge while dismissing application for grant of interim relief, has not taken into consideration this legal aspect that the competent authority under the Act of 2016 is not having jurisdiction to entertain the complaint being filed in respect of project completed much prior to commencement of the Act of 2016 and therefore the order passed by the competent authority under the Act of 2016 is null and void. He also submits that learned Single Judge has decided the petition itself by deciding the application for grant of interim relief and now nothing remains for adjudication. Therefore, the order impugned passed by the learned Single Judge is liable to be interfered with in this writ appeal.