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Delhi Real Estate Appellate Tribunal Stays All Construction Activities In City Undertaken Without Registration Of RERA Till Project Registration

Nupur Thapliyal
25 Nov 2021 3:54 AM GMT
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The Delhi Real Estate Appellate Tribunal has stayed all the construction activities, including residential and commercial activities, in the national capital that are undertaken without registration of the Real Estate Regulatory Authority (RERA) till the project is registered with the authority.

The Tribunal was dealing with the suo moto proceedings initiated by it for ensuring strict compliance of the provisions of the Real Estate (Regulation and Development) Act, 2016 regarding prior registration of projects and also to curb incidents of developers cheating innocent buyers.

The order has been passed by a coram comprising of Chairperson Justice Chander Shekhar and members Sheo Pratap Singh and Lorren Bamniyal.

"Accordingly, in view of the above, all construction activity in NCT of Delhi, residential as well as commercial, faling within the scope of sub-section (2) of Section 3 of the Real Estate (Regulation and Development) Act, 2016 being undertaken without registration with the Real Estate Regulatory Authority is stayed till the registration of their project with the Real Estate Regulatory Authority," the Tribunal ordered.

The Tribunal also directed the concerned Commissioner as well as Executive Engineer of each of the Municipal Corporations, DDA, NDMC and the Commissioner of Police through concerned SHO of the local Police Station of each area to ensure that with immediate effect no further construction activity is continued in the absence of RERA registration.

"The concerned field staff shall undertake a survey of each of the properties under construction in their jurisdiction and take necessary steps in terms of this order, take photographs as also the details of the developers. Further more, it is directed that all municipal authorities granting sanction of the building plans in respect of projects falling within the scope of sub- section (2) of Section 3 of the Act shall grant the sanction, subject to their obtaining registration with the Real Estate Regulatory Authority appointed under the Act," the Tribunal added.

A status report is directed to be filed by all the respondents within two weeks.

"Mr. Anil Kumar, ACP appearing for the Commissioner of Police shall also file a comprehensive status report furnishing details of the FIRS registered in respect of Societies / individuals offering membership of housing projects and fraudulently collecting huge amounts of money from the innocent buyers within the jurisdiction of Delhi. They shall also coordinate with the RERA with respect to complaints received by them other than those where FIRS are already registered," the order adds.

The Tribunal also observed that the object of the statute is to redress the grievances of the buyers against any builder in transactions related to both residential and commercial projects and to further ensure the timely completion of the same.

"There is an obligation under the statute on the developers to post al information on the issues such as project plan, layout, Government approvals, land title status, sub-contractors of the project and completion schedule with the Real Estate Regulatory Authority and provide the same to the consumers also. These objectives of the statute are not meant to be flouted by some unscrupulous people for their own benefit They must be strictly complied with," it said.

Earlier, the Tribunal had issued notice to Commissioners of all the Municipal Zones, Vice Chairman of the Delhi Development Authority, Chairperson of NDMC and the Commissioner of Police.

The Tribunal had also noted that the Registry had addressed couple of communications to the Commissioner of Police seeking details of the FIRs registered in respect of societies or individuals offering membership of housing projects and fraudulently collecting huge amounts of money from the gullible buyers in the city.

The matter will now be heard on December 22.

Click Here To Read Order


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