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- Previous story Smsj full order THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM C.M.S.A.No.27 of 2020 -++-The only question of law raised in the present second appeal is that whether the complaint/application filed by the respondent before the Regulatory Authority is maintainable or not. In view of the fact that the completion certificate issued by the Executive Officer, Town Panchayat is not in consonance either with the provisions of the Town and Country Planning Act as well as the building plan approval sanctioned by the Director of Town and Country Planning or in accordance with the provision of the RERA Act, the same cannot be construed as a valid certificate for the purpose of grant of exclusion under Section 3(2)(b) of the RERA Act. The certificate is to be construed as insignificant and irrelevant as far as the RERA Act is concerned and for all purposes, the building is to be treated as on-going project. Therefore, the appellants/builders are bound to comply with the terms and conditions in the project as well as comply with the provisions of various laws governing real estate affairs. Accordingly, this Court has no hesitation in arriving a conclusion that the application/complaint filed by the respondents/apartment owners association is maintainable under the provisions of the RERA Act, 2016 and accordingly, the order passed by the Appellate Tribunal stands confirmed and consequently, Civil Miscellaneous Second Appeal stands dismissed. No costs. The Regulatory Authority is directed to entertain the application/complaint filed by the respondents/apartment owners association and adjudicate the issues on merits and in accordance with law by affording opportunity to all the parties concerned and accordingly, pass speaking final orders within a period of three months from the date of receipt of a copy of this order.
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Recent Posts
- HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl. A(MD)Nos.973, 1094 of 2023 and 642 of 2024 Crl.A.(MD) No.973 of 2023 Muthukumar : Appellant(s)/ A3 Vs. The Inspector of Police, Thaadikombu Police Station, Dindigul District. Crime No. 264 of
- [01/06, 17:01] sekarreporter1: Justice M. Dhandapani of #MadrasHighCourt on Monday closed a 2016 writ petition filed by DMK regarding conduct of local body polls in Tamil Nadu. Justice N. Kirubakaran (since retired) had passed elaborate orders in that case and said: “Invariably, many persons who contest the local body elections are chosen by the political parties based on their affluence and muscle power and they are also found to be persons with criminal antecedents.” @THChennai [01/06, 17:01] sekarreporter1: ..
- Justice Vikram Nath of the Supreme Court said that he will not allow Senior Advocates to make oral mention or make appearance in his court during the partial court working days
- [01/06, 10:55] sekarreporter1: http://youtube.com/post/Ugkx2lUNHF6dfqrdyO3yY1JDG_PA0H1M0PLn?si=fvv8gTd9yDntUh3m [01/06, 10:55] sekarreporter1: [01/06, 10:53] sekarreporter1: http://youtube.com/post/UgkxEXuZBEnsdEEqQK-oQfNHiOxYDx_TaK-W?si=l5mBAU3czuURqb5q [01/06, 10:54] sekarreporter1: Today mhc click senior advt abudu kumar and advt verragavan with elephant rajendren
- http://youtube.com/post/Ugkx7h8jHBjLksyjnFq7FEB4Bg0la_4wVlR1?si=Db7pyuVKCEP8IWz8. In The Constitution Is My Home: Conversations on a Life in Law, Jaising looks back at years in constitutional litigation, told in conversation, and also makes a sharp diagnosis of the present moment.