Sumit Bhoora vs. M/ S Aadharshila Developers PVT LTD.
Facts
The petitioner, Sumit Bhoora, filed a writ petition before the High Court of Chhattisgarh at Bilaspur challenging an order dated June 18, 2026, passed by the Chhattisgarh Real Estate Regulatory Authority (RERA). The RERA order directed the petitioner to pay maintenance charges and GST prior to the issuance of a valid Occupancy/Completion Certificate on January 4, 2024. The petitioner sought to quash this order and sought various directions, including the handing over of common areas to the Association of Allottees and penal proceedings against the developer. The petitioner stated that the RERA Appellate Authority was not functioning properly, which led them to approach the High Court directly.
Held
The Court did not decide the substantive issues raised by the petitioner regarding the validity of the RERA order and the levy of maintenance charges and GST. Instead, the Court noted the submissions made by the respondents that the RERA Appellate Authority was functioning and entertaining matters. The learned counsel for the petitioner, in light of this information, sought permission to withdraw the writ petition. The Court granted this permission, allowing the petitioner to file a duly constituted appeal before the concerned RERA Appellate Authority along with an appropriate interim application. The Court directed that if such an appeal is filed, the Appellate Authority shall consider it and the interim application expeditiously. The petition was dismissed as withdrawn with liberty as prayed for.
Key Issues
1. Whether the RERA Authority's order directing payment of maintenance charges and GST prior to the issuance of a valid Occupancy/Completion Certificate is legal and valid, particularly in light of Sections 11(4)(b) and 19(10) of the RERA Act, 2016? 2. Whether possession offered or handed over prior to the statutory Occupancy/Completion Certificate is null, void, and illegal, and cannot form the basis for levying maintenance charges? Petitioner's Arguments: The petitioner argued that the RERA order was illegal as it demanded payment of maintenance charges and GST before the issuance of a valid Occupancy/Completion Certificate. They contended that any possession offered before this certificate is void under the RERA Act. The petitioner also claimed that the RERA Appellate Authority was not functioning, justifying their direct approach to the High Court. Revenue/State's Arguments: The respondents, including RERA, the Nagar Nigam, and the State, argued that the RERA Appellate Authority was functioning and entertaining matters, including interim applications. They contended that the petitioner ought to have approached the RERA Appellate Authority against the order passed by the RERA.
Sections Cited
Section 11(4)(b), Section 19(10), Section 17(1), Section 17(2), Section 63, Section 71, Section 18(3)
AI-generated summary — verify with the full judgment below
1
CGHC010348072026
2026:CGHC:43390
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5096 of 2026 1 - Sumit Bhoora S/o Shubhkaran Bhoora, Aged About 43 Years Resident Of Indraprasth, A- 504 Samrajya Residency, Beside Paradise Hotel Bilaspur Road Khamtarai, Dist. Raipur (C.G.)
... Petitioner(s) versus 1 - M/S Aadharshila Developers Pvt Ltd. Through Its Partner Mr. Ashok Patel S/o Devshi Bhai Patel Aged About 52years Having Registered Office At Samrajya Residenc Business Plaza, Second Floor Next Paradise Hotel Bilaspur
Road
Khamtarai
Raipur
District
Raipur
(C.G.) 2 - Chhattisgarh Real Estate Regulatory Authority (C G -R E R A) Through Its Secretary, Shastri Chowk, Raipur, District Raipur Chhattisgarh 3 - Nagar Nigam Mukhalay, Through Its Commissioner Near Gandhi Udyan And Mahila Thana, Chhotapara Raipur, District Raipur Chhattisgarh 4 - State of Chhattisgarh Through The Secretary, Department Of Housing And Environment, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh
... Respondent(s)
( Cause title taken from CIS Peripher
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