High Court ordered UT, Punjab and Haryana to give the reasons why state-developed projects are not getting registered in RERA

Chandigarh: The Punjab, Haryana and UT Chandigarh received a notice from the Punjab and Haryana High Court asking why the housing projects developed by state boards should not be registered under RERA.

The High court has been receiving complaints from the people of these states about the non-fulfilment of the promises by state agencies in developing various housing projects.

Currently, only the housing projects developed by private agencies in the realty sector and by developers are mandatory to be registered under the RERA.

The High Court ordered “We consider it appropriate to issue a notice in this petition to the respondents and also to implead all state authorities as have been constituted in the states of Punjab, Haryana and UT Chandigarh, to seek their response as to why, in respect of ongoing projects (i.e. “not completed projects”) in terms of Section 3 of the Real Estate (Regulation and Development) Act, 2016, the concerned state bodies (in terms of Article 12 of the Constitution of India) are not getting their projects registered with the Real Estate Regulatory Authority concerned.”

These orders are passed by the division bench compromising Justice Amol Ratan Singh and Justice Lalita Batra while hearing a plea filed by Anil Kumar Yadav, a resident of Jalandhar.

Other residents of Jalandhar also complained about the same. They had sought directions from the Jalandhar Improvement Trust to hand over possession of developed plots to the petitioners in pursuance of the development scheme – Surya Enclave, as were allotted to them in 2011.

Now they are demanding a refund of the amount they gave together with the interest.

This particular matter made the bench realize that these types of petitions are consistently coming in huge numbers before this court.

The next hearing date is 8 July 2022. The High Court further observed, “Consequently, we consider it appropriate to take up this petition, exercising jurisdiction under Articles 226/227 of the Constitution of India, to get the response of all authorities concerned, in both the states of Punjab and Haryana, as also the Union Territory, Chandigarh, on this.”

The HC ordered Punjab and the Haryana additional chief secretary/principal secretary, departments of town and country planning and urban development and the Chandigarh administration secretary, housing and development, to file their affidavits.

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