Prakash Kumar Parpani vs. M/S Aadharshila Developers PVT LTD.
Held
The Court did not decide the merits of the case. The petitioner, upon being informed by the respondents that the RERA Appellate Authority was functioning, sought permission to withdraw the present petition. The petitioner requested liberty to file a duly constituted appeal before the concerned RERA Appellate Authority along with an appropriate interim application. The Court granted this liberty and directed that the RERA Appellate Authority shall consider the appeal and the interim application in accordance with law and endeavor to decide it expeditiously. The petition was accordingly dismissed as withdrawn.
Facts
The petitioner, Prakash Kumar Parpani, filed a writ petition before the High Court of Chhattisgarh at Bilaspur. The petition challenged an order dated 18.06.2026 passed by the RERA Authority (Respondent No. 2). The petitioner sought to quash the direction to pay maintenance charges and GST prior to the issuance of a valid Occupancy/Completion Certificate on 04.01.2024. The petitioner also sought various directions related to the RERA Act, 2016, including mandating the handover of common areas and initiating penal proceedings against Respondent No. 1. The petitioner stated that they approached the High Court due to the RERA Appellate Authority not functioning properly.
Key Issues
1. Whether the petitioner was justified in approaching the High Court directly, bypassing the RERA Appellate Authority, given the alleged non-functioning of the Appellate Authority? 2. Whether the RERA Authority's order directing the payment of maintenance charges and GST prior to the issuance of a valid Occupancy/Completion Certificate is legally sustainable? Petitioner's arguments: The petitioner contended that they approached the High Court because the RERA Appellate Authority was not functioning properly, thus necessitating direct intervention by the High Court despite an alternative remedy. The petitioner also argued that any possession offered before the statutory Occupancy/Completion Certificate is null and void, and cannot be the basis for levying maintenance charges, citing Sections 11(4)(b) and 19(10) of the RERA Act, 2016. Respondents' arguments: Respondents No. 2 (RERA), No. 3 (Nagar Nigam), and the State counsel submitted that the RERA Appellate Authority was functioning and entertaining matters, including interim applications. Therefore, the petitioner ought to have approached the RERA Appellate Authority first.
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
CGHC010348492026
2026:CGHC:43554
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5033 of 2026 1 - Prakash Kumar Parpani S/o Ramdik Bhai Parparni Aged About 54 Years R/o Indraprasth, A-402 Samrajya Residency, Beside Paradise Hotel Bilaspur Road Khamtarai, Raipur District Raipur Chhattisgarh
... Petitioner(s) versus 1 - M/s Aadharshila Developers Pvt Ltd. Through Its Partner Mr. Ashok Patel S/o Devshi Bhai Patel Age About 52 Years Having Registered Office At Samrajya Residence Business Plaza, Second Floor Next Paradise Hotel, Bilaspur Road Khamtarai, Raipur, District Raipur Chhattisgarh 2 - Chhattigarh 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 Police Thana, Chhotapara, Raipur, District Raipur Chhattisgarh 4 - State Of Chhattisgarh Through The Secretary, Department Of RAGHVENDRA JAT RAGHVENDRA JAT
2 Housing And Environment, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Ch
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