Occupation cannot be treated as Completion | RERA applicable

[2022] 138 taxmann.com 83 (Article)

Introduction

This article analyses the recent judgement of Punjab & Haryana High Court, in the matter of Experion Developers (P.) Ltd.v.State of Haryana (CWP No. 7852 of 2022), on the issue of ‘completion certificate’ and ‘occupation certificate’ as to what shall constitute jurisdiction of Real Estate (Regulation and Development) Act, 2016 (‘RERA’). The controversy whether the project shall be amenable to jurisdiction of RERA authority or not is discussed in detail.

Facts of the Case:

The petitioner raised a basic issue on the jurisdiction of that Authority to pass the orders, with the contention being that the petitioner-developer having received an occupancy certificate in respect of at least that part of the project as respondents would be concerned with, on 02.03.2017, and the RERA Act having come into effect (as regards Section 3 thereof) only from 01.05.2017, the project has to be treated to be a completed project and therefore there was no requirement for even registration of the project by the petitioner with the RERA authority in terms of Section 3; and consequently if the said respondents had any grievance qua any action of the petitioner, the appropriate forum for redressal of any such grievance would not be the respondent authority.

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