RERA restrains realty firm from making fresh construction in front of allottee house
The township counsel also submitted that the revised plan has been uploaded in the website of the authority and, therefore, it cannot be said that the revised plan has not been approved by the authority.
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The township counsel also submitted that the revised plan has been uploaded in the website of the authority and, therefore, it cannot be said that the revised plan has not been approved by the authority. Representational
The Real Estate Regulatory Authority, Punjab, has restrained a real estate firm, Mona Township Private Limited, and its director Tejinder Singh Setia from making any fresh construction in front of the house of Santosh Sharma, a resident of the area.
The complainant’s counsel Inderpal Singh Issar contended that the road in front of her house has been reduced from 39.3 feet to 24 feet, as a result of which the construction opposite her house is now much closer vis-à-vis the distance given in the layout plan.
It was further submitted by the complainant counsel that the amendment in the layout plan has been made without obtaining consent of two-third of allottees, as required by the provisions of Section 14 (2) (ii) of the Act. Hence, keeping in view the violation made by the respondents, the construction opposite her house should be halted till the disposal of the main complaint.
In rebuttal, the counsel for Mona Township, advocate Vipul Monga, objected to the prayer of the complainant on the grounds that the road opposite the complainant’s house in the original plan was only 12 feet, and not 24 feet; and that the complainant has wrongly included the parking space of 27.5 feet, in the original plan, as part of the road. Monga submitted that in fact, the size of the road in the revised plan is 25.5 feet as opposed to the original plan.
The township counsel also submitted that the revised plan has been uploaded in the website of the authority and, therefore, it cannot be said that the revised plan has not been approved by the authority.
Monga also drew attention to 2 proviso, to Rule 8(2) of the Punjab State Real Estate (Regulation and Development) Rules, 2017, to argue that, where a competent authority has approved the revision in the layout plan, no consent is required from two-third of the allottees.
The RERA bench presided over by Ajay Pal Singh (member) said that the respondents, Mona Township Private Limited and its director Tejinder Singh Setia, are directed to stop all construction before complainant’s Santosh Sharma’s house till further orders.
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