FEDERATION OF RESIDENTS’ WELFARE ASSOCIATION

V-3/11 DLF Phase- III Gurugram-122001|Phone: 0124-4014318; 0124-4990107

26.08.2021

 

Dear Members,

 

The Hon’ble H-REAT court in the recent case of-

M/s Alta Vista Info Solutions Pvt. Ltd.

Versus

M/s Haryana State Industrial & Infrastructure

Development Corporation Ltd.

Held that Learned counsel for the appellant has drawn our attention to the Estate Management Procedures (EMP), 2015, Chapter-4, As per the aforesaid clause, the Corporation will offer the physical possession after completing the basic infrastructure facilities comprising of motorable road, water supply system, sewerage disposal network along with certain other requirements. So, even as per their own Estate Management Procedures, it was the duty of the respondent’s corporation to complete the sewerage disposal network before offering the possession. The relevant provisions of the Act have come into force w.e.f. 01.05.2017. On that date, there was no motorable road in front of the plot of the appellant; there was no water supply system and the sewerage disposal network is not yet complete. The physical possession of the plot has not been offered to the appellant even today. So, we are of the considered opinion that the provisions of the Act have become applicable to the project in question and the learned Authority was required to adjudicate the complaint filed by the appellant on merits. The view taken by the learned Authority that it has no jurisdiction as the allotment was made in the year 2008, is totally erroneous as the respondents/promoter have yet to fulfil their obligations. Consequently, the impugned order cannot be sustained in the eyes of law. Thus, keeping in view our aforesaid discussions, the present appeal is hereby allowed.

 All the best,

God bless u all

President,

Federation of Residents Welfare Association

V 3/11 DLF PHASE III

GURUGRAM-122002

HARYANA,

0124 4-14318,0124 4990107,08860332404.

 

PRESIDENT

FEDERATION OF RESIDENTS WELFARE ASSOCIATION