Occupation cannot be treated as Completion | RERA applicable

  • Blog|Company Law|News|
  • |
  • < 1 minute
  • By Taxmann
  • |
  • Last Updated on 16 May, 2022


completion certificate and occupation certificate RERA

[2022] 138 taxmann.com 83 (Article)


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.

Click Here To Read The Complete Article

Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.

Leave a Reply

Your email address will not be published. Required fields are marked *

Everything on Tax and Corporate Laws of India

To subscribe to our weekly newsletter please log in/register on Taxmann.com

Author: Taxmann

Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.

The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:

  • The statutory material is obtained only from the authorized and reliable sources
  • All the latest developments in the judicial and legislative fields are covered
  • Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
  • Every content published by Taxmann is complete, accurate and lucid
  • All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
  • The golden rules of grammar, style and consistency are thoroughly followed
  • Font and size that's easy to read and remain consistent across all imprint and digital publications are applied