Court No. - 39
Case :- WRIT - C No. - 3100 of 2019 Petitioner :- Mukul Kumar Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Kshitij Shailendra Counsel for Respondent :- C.S.C.,A.S.G.I.
Hon'ble B. Amit Sthalekar,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Kshitij Shailendra, learned counsel for the petitioner and learned Standing Counsel for the respondents no. 2 and 3.
In view of nature of the order which is being passed, it is not necessary to issue any notice to the respondent no.4.
The petitioner is stated to have applied for allotment of flat in the project of RG Luxury Homes, situated at Plot No. GH 07 (A) Sector-16B, Greater Noida Extension/Noida (West) U.P. from the respondent no.4, who was builder/promoter of the said housing complex. When the flat was not allotted to the petitioner within the stipulated time, he initiated proceedings before Real Estate Regulatory Authority, who passed an award dated 04.06.2018, copy of which is annexed as Annexure-5 to the writ petition, directing the respondent no.4 to return Rs.42,74,951/- along with interest to the petitioner within 15 days.
The contention of learned counsel for the petitioner is that more than six months have passed but the respondent no.4 has not paid the amount, therefore in view of provisions of Section 63 of the Real Estate (Regulation and Development) Act 2016, the petitioner moved an application before the Regulatory Authority on 01.08.2018 by registered post on 02.08.2018 for initiating proceedings against the respondent no.4 but till date nothing has been done by the Regulatory Authority.
No useful purpose would be served in keeping the petition pending.
We dispose of the writ petition with a direction to the respondent no.3 Secretary, U.P. Real Estate Regulatory Authority, Lucknow, to examine the matter and pass appropriate orders on the petitioner's application dated 01.08.2018 (Annexure-7 to the writ petition) expeditiously, within a period of two months from the date of receipt of a certified copy of this order in his office.
Needless to say, that prior to passing any order, the respondent no.3 shall also afford an opportunity of hearing to the respondent no.4.
The petitioner alongwith a certified copy of this order shall also provide a copy of application dated 01.08.2018 to the respondent no.3.
It is made clear that this Court has not adjudicated the claim of the petitioner on merit.
Order Date :- 29.1.2019 S.Ali