Sundaram Construction & Others Appeal Rejected Objection in Land Dispute Case

In a significant development, Sundaram Construction & Others have lodged an appeal before the Assam Real Estate Appellate Tribunal challenging the order issued by the Real Estate Regulatory Authority, Assam. The case revolves around a land dispute, with the appellants seeking to contest the maintainability of the complaint case filed against them. This article provides an in-depth analysis of the case, highlighting the key arguments and implications.

Background and Case Details

The case, registered as RERA/ASSAM/COM/2022/24, involves a dispute between Sundaram Construction & Others and Shri Prasanta Kr. Bhattacharyya & Others. The Real Estate Regulatory Authority, Assam passed an order on 30th March 2023, which the appellants have now appealed against.

Appellants' Challenge to Maintainability

The crux of the appeal lies in the appellants' objection to the maintainability of the complaint case. Their counsel, Mr. Sahbaz Ahmed, argued that the complaint case should be deemed inadmissible due to certain legal grounds. The Real Estate Regulatory Authority, Assam, however, rejected this preliminary objection, prompting the appellants to take the matter to the Appellate Tribunal.

Arguments Presented

During the hearing, Mr. Sahbaz Ahmed, representing the appellants, presented various arguments to substantiate their claim. These arguments included legal technicalities, procedural irregularities, and jurisdictional concerns. Mr. Ahmed highlighted specific provisions of the real estate laws applicable in Assam to support their case.

Tribunal's Notice and Steps Taken

After hearing the arguments, the Assam Real Estate Appellate Tribunal, presided over by Hon'ble Mr. Justice (Retd.) Manojit Bhuyan, Chairperson, and Shri Onkarmal Kedia, Hon'ble Member (Administrative), issued a notice to the respondents. The notice requires the respondents to appear before the tribunal on or before 12th June 2023 to respond to the appeal. The appellants were directed to serve the notice to all the respondents via registered post with acknowledgment due within two days.

Requisition of Case Records

Recognizing the need for a thorough examination of the case, the tribunal ordered its registry to requisition the complete set of case records from the Real Estate Regulatory Authority, Assam. The original records, including documents and evidence from the complaint case (RERA/ASSAM/COM/2022/24), will be crucial for the tribunal's adjudication process.

Conclusion:

The appeal filed by Sundaram Construction & Others before the Assam Real Estate Appellate Tribunal marks a significant turning point in the ongoing land dispute case. The rejection of the appellants' objection to the maintainability of the complaint case by the Real Estate Regulatory Authority, Assam, has prompted the appellants to pursue legal recourse. The forthcoming hearing before the appellate tribunal will provide an opportunity for both parties to present their arguments and address the jurisdictional and procedural concerns raised. The final decision of the tribunal will have far-reaching implications for the resolution of the land dispute.

Note: The information provided in this article about Assam Real Estate Regulatory Authority (ASSAM RERA) 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 APPEAL No. 06 of 2023  before the Assam  Real Estate Regulatory Authority

We hope you found our blog insightful and engaging! We appreciate your time and interest. If you enjoyed reading it, don't forget to subscribe to our newsletter to receive regular updates on our latest content. Visit our website www.reunionhq.in to know more.