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Vardhman Properties Ltd & Anr vs Real Estate Regulatory Authority Nct Of ... on 3 March, 2022

Author: V. Kameswar Rao

Bench: V. Kameswar Rao

                           $~48
                           *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +      W.P.(C) 3651/2022
                                  VARDHMAN PROPERTIES LTD & ANR.      ..... Petitioners
                                             Through: Mr. Sanjay Goswami, Adv.

                                                versus

                                  REAL ESTATE REGULATORY AUTHORITY NCT OF DELHI &
                                  ANR.                                    ..... Respondents
                                               Through: Mr. Naushad Ahmed Khan, ASC
                                                        (Civil) for GNCTD
                                                        Mr. Panda, Adv.

                                  CORAM:
                                  HON'BLE MR. JUSTICE V. KAMESWAR RAO
                                          ORDER

% 03.03.2022 The present petition has been filed by the petitioner with the following prayers:

"It is therefore in light of above facts and circumstances most respectfully prayed that this Hon'ble Court be pleased to:

a. Issue of Writ of Certiorari or orders or directions in the nature of Certiorari ordering and directing the Respondents to produce their records and to set aside the show cause notice dated 27.12.2021 being No.F.PREP/MS-16/2021/5774 issued by the Secretary RERA the Respondent No.1 herein to the Petitioner No.2 and the order dated 11.02.2022 issued against the Petitioner No.1 by Respondent No.1 as regards the building of the Petitioner No.1 being building known as Vardhman Mall Industrial Park, Pocket-J, Sector-5, Bawana, Delhi, as the same are totally illegal, arbitrary and beyond the jurisdiction of the authority under the RERA Act.

b. Pass any other Order or Writ as deem fit in the circumstances of the case."

In substance the case of the petitioner is and so contended by Mr. Sanjay Goswami, that in view of the fact that the completion certificate was applied for in the year 2009, i.e., much before the RERA was enacted, the RERA Act has no jurisdiction on the petitioners.

This submission of Mr. Goswami is disputed / contested by Mr. Panda. He also states, in terms of order dated February 11, 2022, RERA has also issued notice to the petitioner No.1 and has also sought the presence of the NDMC. Now the matter is listed on March 21, 2022 at 12 Noon.

Mr. Panda states, petitioners shall be at liberty to make all submissions both on facts and in law including jurisdiction of RERA, which shall be considered and reasoned order shall be passed. Noting the submissions made by the counsel for the parties, they are relegated to RERA where the proceedings are pending. Parties shall appear before the RERA on March 21, 2022, which shall pass order with regard to the pleas urged by Mr. Goswami.

Petition is disposed of.

Dismissed as infructuous V. KAMESWAR RAO, J MARCH 3, 2022/jg Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:04.03.2022 20:10:40