Gujarat High Court
Gujarat Real Estate Regulatory ... vs Satyam Infracon on 22 December, 2020
Author: S.H.Vora
Bench: S.H.Vora
C/RERAA/1/2020 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2020
In R/RERA APPEAL NO. 1 of 2020
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GUJARAT REAL ESTATE REGULATORY AUTHORITY Versus SATYAM INFRACON ========================================================== Appearance:
MS MANISHA LAVKUMAR GOVERNMENT PLEADER WITH MR DM DEVNANI for the PETITIONER(s) No. MR PERCY KAVINA SENIOR COUNSEL WITH MR AB MUNSHI for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR. JUSTICE S.H.VORA Date : 22/12/2020 IA ORDER By way of present application, the original-appellant has made a request to implead Surat Municipal Corporation and Chief Town Planner, Gandhinagar as party respondents to the present proceedings of RERA Appeal on the basis of oral directions issued by a co-ordinate Bench of this Court during the course of hearing.
2. According to learned Government Pleader, considering the fact of the case, the RERA authority -respondent No.1 herein stayed the commencement certificate issued by the Surat Municipal Corporation. Not only that, the learned Tribunal has also called for the report from the competent authority being Surat Municipal Corporation and also the opinion of the Town Planner while directing the applicant herein to grant registration to the opponent No.1.
3. Subject matter of RERA Appeal filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (for short the Act) wherein order dated 07/09/2020 was passed by the learned Presiding Officer, Gujarat Regal Estate Appellate Tribunal, Page 1 of 3 Downloaded on : Wed Dec 23 01:28:47 IST 2020 C/RERAA/1/2020 IA ORDER Gandhinagar in Appeal No.42 of 2020 and vide impugned order, the application of Satyam Infrancon for registration of the project was granted with further relief to provide registration number including the Log-In ID and password to Satyam Infracon.
4. Learned Government Pleader Ms.Shah has vehemently made emphasize that the impugned decision has been passed at the behest of the Surat Municipal Corporation and therefore according to her, direction by RERA authority to do or not to do does not lie within the power of the authority and therefore issuance of direction at the behest of the RERA authority to Surat Municipal Corporation to re-consider or rectify the development permission is an issue to be considered in the present appeal and therefore presence of Surat Municipal Corporation and Chief Town Planner is necessary in the present proceedings.
5. Having considered the submissions made at bar, though this Court does not find any convincing reasons or ground to consider the said proposed party as necessary and property party either to adjudicate the subject matter of RERA Appeal preferred under Section 58 of the Act, the impugned order can very well be examined by the Court in absence of the said proposed party and therefore the Court does not find any substance in the present application seeking joinder of party; more particularly, on account of seeking opinion or issuing any directions by Gujarat RERA to the said proposed party. Looking to the impugned order under challenge, this Court does not find either Surat Municipal Corporation or Chief Town Planner as the necessary and proper party for adjudication of the dispute raised by the private opponent in an application under Section 3 of the Act.
Page 2 of 3 Downloaded on : Wed Dec 23 01:28:47 IST 2020C/RERAA/1/2020 IA ORDER
6. For the foregoing reasons, the application must fail and is rejected. Registry to list RERA Appeal No.1 of 2020 with CA No.1 of 2020 on 25/01/2021.
(S.H.VORA, J) sompura Page 3 of 3 Downloaded on : Wed Dec 23 01:28:47 IST 2020