LAWS(RAJ)-2019-7-320

NARAYAN BUILDERS & DEVELOPERS Vs. STATE OF RAJASTHAN

Decided On July 30, 2019
Narayan Builders And Developers Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Learned counsel for the parties are ad idem that the controversy raised in this matter is squarely covered by the judgement of division bench of this Court in D.B. Civil Writ Petition No. 14186/2018, GRJ Distributors and Developers Pvt. Ltd. v. UOI and Ors. and other connected matters dtd. 18/12/2018, which held that the authority constituted as Real Estate Regulatory Authority, which has passed the orders beyond a period of one year from the date of coming into force the Real Estate (Regulation and Development) Act, 2016, would not be competent to do so and therefore by setting aside such orders, matters have been remaded to the authority and direction was given to the State Government to constitute the designated Real Estate Regulatory Authority and Appellate Tribunal within a period of three months from the date of receipt of copy of the aforesaid order.

(2.) Learned counsel for the parties have informed that while Real Estate Regulatory Authority has been constituted, but the respondent-State has so far not constituted the Real Estate Regulatory Authority Appellate Tribunal, which has been creating problems for those who want to avail remedy of appeal against the order passed by the Real Estate Regulatory Authority.

(3.) Shri Anil Mehta, learned Additional Advocate General submits that the consultation has already begin to constitute Real Estate Regulatory Authority Appellate Tribunal and such exercise is going to be completed soon.