M/S. NEWTECH PROMOTERS AND DEVELOPERS PVT. LTD. versus STATE OF UP & ORS. ETC.

M/S. NEWTECH PROMOTERS AND DEVELOPERS PVT. LTD. versus STATE OF UP & ORS. ETC.

The Court held that the RERA Act, 2016 is retroactive in character insofar as it applies to ongoing projects where a completion certificate had not been issued; a conjoint reading of ss.18 and 19 vests power to order refund of amounts and interest with the regulatory Authority while s.71 confines the adjudicating officer to adjudge compensation; s.81 permits the Authority to delegate powers (except rule‑making) and the Authority lawfully delegated complaint‑disposal under s.31 to a single member; the proviso to s.43(5) requiring pre‑deposit by promoters for appeals is sustainable; and amounts determined refundable (principal plus interest) are recoverable under s.40(1) as arrears of land...

Parties
Appellant: M/S. NEWTECH PROMOTERS AND DEVELOPERS PVT. LTD.; Respondent: State of Uttar Pradesh & Ors.
Jurisdiction
India
Judgment Date
11 November 2021
Procedural Posture
Civil Appeal / Appeal From High Court Judgment; Disposed by Supreme Court
Outcome
Appeals disposed of (the Supreme Court found no error in the High Court judgment)
Legal Topics
Real Estate (regulation and Development) Act, 2016 (rera), Retrospective/retroactive Application of Statute, Delegation of Quasi Judicial Powers, Pre Deposit Condition for Statutory Appeal, Recovery as Arrears of Land Revenue, Jurisdictional Delineation Between Regulatory Authority and Adjudicating Officer
Real Estate Law Constitutional Law Administrative Law Statutory Interpretation Real Estate (regulation and Development) Act, 2016 (rera) Retrospective/retroactive Application of Statute Delegation of Quasi Judicial Powers Pre Deposit Condition for Statutory Appeal +2 more

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Parties

M/S. NEWTECH PROMOTERS AND DEVELOPERS PVT. LTD.

Appellant

State of Uttar Pradesh & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment; Disposed by Supreme Court

Legal Issues

  1. 1 Whether the RERA Act, 2016 is retrospective or retroactive in its operation and consequences under the Constitution
  2. 2 Whether the regulatory authority or the adjudicating officer has jurisdiction to direct refund/return of amounts under ss.12,14,18 and 19
  3. 3 Whether s.81 authorizes delegation by the authority to a single member to hear complaints under s.31

Ratio Decidendi

The Court held that the RERA Act, 2016 is retroactive in character insofar as it applies to ongoing projects where a completion certificate had not been issued; a conjoint reading of ss.18 and 19 vests power to order refund of amounts and interest with the regulatory Authority while s.71 confines the adjudicating officer to adjudge compensation; s.81 permits the Authority to delegate powers (except rule‑making) and the Authority lawfully delegated complaint‑disposal under s.31 to a single member; the proviso to s.43(5) requiring pre‑deposit by promoters for appeals is sustainable; and amounts determined refundable (principal plus interest) are recoverable under s.40(1) as arrears of land...

Court Disposition

Appeals disposed of (the Supreme Court found no error in the High Court judgment)

Orders

  • Appeals dismissed/ disposed of by the Supreme Court
  • If any appellant intends to prefer an appeal before the Appellate Tribunal, it may do so within 30 days from the date of judgment provided the appellant complies with the pre-deposit condition in the proviso to s.43(5) of the Act; the Tribunal may decide on merits