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The Supreme Court agreed on Friday to address the legal question of whether the RERA Act's framework envisions the Authority, RERA, as being empowered or permitted to file an appeal before the High Court against an Appellate Tribunal judgement. On a combined interpretation of Sec 2(zg) and 2(o) of the Real Estate Act, 2016, the bench of Justices Abdul Nazeer and Krishna Murari was hearing an SLP filed by Satyam Infracon against an order of the Gujarat High Court ruling that the RERA will be included in the term of 'Person' and that the Authority, as defined by the Act, has the authority to appeal the Appellate Tribunal's decision in front of the Supreme Court under Section 58 of the Act. Gujarat RERA filed an appeal before the Supreme Court under Section 100 of the CPC read with Section 58 of the 2016 Act, challenging a judgement passed by the Gujarat Land Appellate Tribunal in Gandhinagar.
The SLP petitioner had filed a primary complaint with the Supreme Court about the appeal's maintainability, claiming that the Act's scheme does not envision RERA being enabled or allowed to appeal a decision made by the Appellate Tribunal to the Supreme Court. Satyam Infracon's Senior Advocate Mukul Rohatgi told the court led by Justice Nazeer on Friday, "During the course of this case, a fascinating legal question arises: whether RERA can continue an appeal under the Act. We're claiming that it isn't possible ".. He read section 58 of the Act to the bench, which reads that "Any person aggrieved by any decision or order of the Appellate Tribunal may submit an appeal to the supreme court..."
He explained that "person" is defined in section 2(zg) of the Act to include an individual, a Hindu undivided family, a company, a firm, a competent authority, an association of persons or a body of people, whether incorporated or not, a co-operative society registered under any law concerning co-operative societies, and any other entity that the appropriate Government may specify by notification. Mr. Rohatgi then argued that, under section 2(p), "competent authority" refers to any agency or authority created or established under any law for the time being in effect by the acceptable Government that has authority over land under its jurisdiction and has the authority to grant permission in the event of such immovable property.
He continued, however, to claim that section 2(i) defines "Authority" as the significant Estate regulating agency created under section 20's sub-part (1). RERA, which is the opposing party in my case and the Act's 'Authority,' cannot even be a 'competent authority' capable of maintaining an appeal. The petition was given notice by the bench, and the counter-affidavit was given four weeks to be filed.
Tags : #RERA #SC #APPEALLATE TRIBUNAL
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