The ABM Infra case, brought before the Rajasthan Real Estate Regulatory Authority (RERA Rajasthan) in Jaipur, sheds light on the importance of adhering to the Real Estate (Regulation and Development) Act, 2016. This case specifically focuses on ABM Infra's failure to submit Quarterly Progress Reports (QPRs) on the RERA web portal, which led to penalties and the possibility of registration revocation.
To understand the context, let's first explore the legal framework surrounding real estate regulations in Rajasthan (RERA Rajasthan). The Real Estate (Regulation and Development) Act, 2016, commonly known as the Act, is a comprehensive legislation that aims to regulate and promote transparency in the real estate sector. In conjunction with the Act, the Rajasthan Real Estate (Regulation and Development) Rules, 2017, provide specific guidelines for the state.
One of the key requirements under the Act is the submission of Quarterly Progress Reports (QPRs) by real estate promoters. Section 11(1) of the Act, in combination with rule 16(1)(D) of the Rules, mandates the timely uploading of QPRs on the RERA web portal. This ensures that accurate and up-to-date project details are readily available for public viewing.
In the case of ABM Infra, the Rajasthan RERA issued a show cause notice highlighting their non-compliance with the QPR submission requirements. The notice referred to sections 35, 36, 37, and 38 of the Act, which empower RERA to take action against defaulting promoters. Additionally, section 7(1)(a) of the Act provides the authority to revoke the registration of projects in cases of persistent non-compliance.
The show cause notice posed three critical questions to ABM Infra. Firstly, it questioned why a penalty of up to 5 percent of the estimated project cost should not be imposed under section 61 of the Act for the violation of section 11(1) and rule 16(1)(D). Secondly, it asked why a per-day penalty should not be levied under section 63 of the Act for failing to comply with previous orders issued by RERA. Lastly, it raised concerns about the potential revocation of ABM Infra's project registration under section 7(1)(a) due to the alleged default in submitting QPRs.
During the court hearing, ABM Infra failed to provide a representative. However, Advocate Garvit Agarwal, representing the Rajasthan Real Estate Regulatory Authority, informed the court that ABM Infra had submitted the pending QPR for the October to December 2021 quarter on the RERA web portal.
Upon reviewing the case records and online documentation, the Authority verified ABM Infra's submission of the pending QPRs. Consequently, the show cause notice was discharged, and the proceedings against ABM Infra were dropped.
In conclusion, the ABM Infra case serves as a reminder of the importance of complying with the Real Estate (Regulation and Development) Act, 2016, and the associated regulations. By adhering to these guidelines, real estate promoters contribute to transparency and accountability in the industry. The ABM Infra case also highlights the authority of RERA to enforce penalties and, if necessary, revoke project registrations to ensure compliance.
Note: The information provided in this article about Rajasthan Real Estate Regulatory Authority (RERA Rajasthan) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances. The information provided in this article is based on the File No. F.3(2006)RJ/RERA/C/2022 before the Rajasthan Real Estate Regulatory Authority
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