Chhattisgarh Housing Board vs Real Estate Regulatory Authority & Ors.

The petitioner, in this Writ Petition, has prayed for the following reliefs:-

Facts of the case in brief are that respondent No. 2 launched a housing project known as “City of Velencia” at Village Narhad, Tehsil Arang, District Raipur. Upon complaints by the allottees regarding non-completion of the project and development works, RERA initiated suo motu proceedings. Despite the undertaking given by respondent No. 2 to complete the project within one year, RERA directed the petitioner to complete the project. The petitioner contends that it was neither a party to the proceedings nor has any connection with the project, which belongs to a private builder. Aggrieved by the said direction, the petitioner has filed the present petition.

Learned counsel for the petitioner submits that the proceedings before RERA were initiated and orders were passed behind the back of the petitioner, without impleading it as a party respondent. Hence, the present petition has been filed.

None appears on behalf of the respondents.

Having considered the submissions made by learned counsel for the petitioner and upon perusal of the record, it appears that an alternative remedy of appeal is available to the petitioner before the RERA Appellate Authority, which the petitioner-Housing Board has not availed of. Therefore, without expressing any opinion on the merits of the case, the petitioner-Housing Board is relegated to avail itself of the said remedy in accordance with law within a period of 30 days from the date of receipt of a copy of this order.

Considering that an interim order dated 19.06.2023 has already been passed staying the effect and operation of the order dated 12.01.2023, the said interim protection shall continue for a period of 30 days to enable the petitioner to approach the RERA Appellate Authority in accordance with law.

With the aforesaid observations and directions, the present petition stands disposed of.