Kailash Kumar v. The Chairman, Rera NCT Of Delhi & ORS.

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4432/2024 & CM APPL. 18201/2024 KAILASH KUMAR ..... Petitioner Through:

Mohd. Shahid, Advocate versus THE CHAIRMAN, RERA NCT OF DELHI & ORS.

..... Respondents Through:

Ms. Sadiya Rohma Khan, Advocate for MCD/R-2 Mr. Narender Pal Singh and Ms.

Saloni, Advocates for R-3

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 22.03.2024 1.

Present Public Interest Litigation has been filed seeking a direction to the "concerned authorities" to constitute a special investigation team headed by independent officials to investigate various alleged illegalities committed by the Respondent No. 5/ Narayani Conbuild Pvt. Ltd., in the construction of a real estate project without Real Estate Regulatory Authority (RERA) registration.

2.

Learned counsel for the Petitioner states that Respondent no. 5 company is advertising, booking and selling the project at plot number 4 B & 5, Khasra no. 78/7, Firni Road, Vijay Vihar, Phase- 1, Rohini, New Delhi110085 without any registration with the RERA. He states that the petitioner is aggrieved as he was interested in purchasing a flat in the project promoted by respondent No.5, yet after coming to know of the alleged violation did not go ahead with the purchase.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2024 at 12:55:00

3.

He states that such acts are in violation of RERA Act, 2016. He further states that the Respondent no. 5 company has used substandard material for the construction of the building, due to which the building may collapse at any time and cause damage to life and property. He states that he has made a representation dated 11th February, 2024, before the Chairman, RERA, NCT of Delhi. He, however, states that there has been no response so far.

4.

Keeping in view the aforesaid controversy, the present writ petition is disposed of with a direction to the Petitioner to file a complaint under Section 31 read with Rule 33 in Form „M‟ of RERA Act, 2016. RERA shall examine the allegations and shall take action in accordance with law, if required, within four weeks.

5.

With the aforesaid directions, the present petition and application stand disposed of.

ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J MARCH 22, 2024/rhc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2024 at 12:55:00