The petition was filed by Samkit Infracon challenging the judicial functioning and adjudication by RERA in a complaint filed by an allottee for possession of a shop in a complex being put up by the promoter.
Petitioner’s advocates Vishal Dave and Nipun Singhvi submitted that RERA passed the order on May 20, 2021 whereas the authority itself had on May 13 passed an administrative order in form of a circular that judicial functioning was suspended till May 31 due to Covid, except hearing of urgent cases.
The lawyers contended that the RERA could not have passed the order on May 20 when all the judicial proceedings were suspended. Further, it was argued that RERA had not published any cause for the hearing on the day or for pronouncement of order.
Even on the date of hearing, the authority had not intimated the promoter about the proceedings. The order could not have been passed without hearing the promoter and alleged that it was a violation of principles of natural justice.
The HC has posted further hearing on November 17.