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Jammu & Kashmir High Court

M/S Mass House Building Cooperative Ltd vs Ut Of J & K And Ors on 5 June, 2025

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                                               Sr. No. 48

       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT JAMMU

WP (C) No. 1472/2025

M/s Mass House Building Cooperative Ltd.                    .....Applicant(s)/Petitioner(s)

                                   Through :- Mr. Pranav Kohli, Sr. Advocate with
                                              Mr. Vastav Sharma, Advocate
                          v/s
UT of J & K and Ors.                                                   .....Respondent(s)

                                   Through :- Mr. S. S. Nanda, Sr.AAG for 1,4 to 6
                                              Mr. Mayank Gupta, Advocate for 2 and 3

CORAM:     HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

                                     ORDER

05.06.2025

1. By this petition, petitioner herein has challenged communication dated 05.11.2024, whereby respondent no. 3 has directed the petitioner to submit the RERA certificate from the RERA department, so that the case can be processed for completion certificate in respect of the following projects: -

i. Royal Apartments, (JDA) Jammu Development Authority, Permission No. CTP/BPC/RB/CB/249-50 dated 23.10.2008 and revised permission from (JMC) Jammu Municipal Corporation, Permission No. 368/BS/2013 dated 03.07.2013 ii. Tawi Apartments, (JDA) Jammu Development Authority, Permission No. RB/CB/BPC/22, dated 31.05.2005 and revised permission from (JMC) Jammu Municipal Corporation, Permission No. 93/BS/2013 dated 24.04.2013.

iii. Northern Heights, Khasra No. 305 min., at village Thather, Jammu (JDA) Jammu Development Authority, Permission No. CTP/JDA/RB/BPC/105-07 dated 20.03.2007.

WP (C) No. 1472/2025 2

2. Mr. Mayank Gupta, Advocate has produced the communication dated 08.08.2024 issued by Under Secretary JKRERA which states that in terms of Section 3 of the Real Estate (Regulation and Development) Act, 2016, no real estate promoter can advertise, market, book, sell or offer for sale or invite persons to purchase in any manner any plot, apartment or building in any real estate project or part of it, in any planning area without registering the real estate project with the Real Estate Regulatory Authority. It is also mentioned in the communication that all ongoing projects for which the completion certificates have not been issued, have to make an application for registration with RERA.

3. Mr. Mayank Gupta, Advocate states that since the petitioners are not registered with RERA, as such, the completion certificate could not be issued in favour of the petitioner.

4. Issue notice to respondents, which is waived by Mr. Mayank Gupta, Advocate for respondent nos. 2 and 3 and Mr. S.S. Nanda, learned Sr. AAG for respondent nos. 1, 4 to 6. They seek and are granted four weeks' time for filing reply, failing which interim application of the petitioner shall be considered on the next date of hearing.

5. List on 30.06.2025.

(Moksha Khajuria Kazmi) Judge JAMMU 05.06.2025 Manik