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2026 DAILYLAW 10158 (UTT)

M/S DELHI APARTMENTS PVT LTD v. UTTARAKHAND REAL ESTATE REGULATORY AUTHORITY

WPMS/2355/2026 · 2026-08-11

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010136962026 2026:UHC:7109 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2355/2026 M/s Delhi Apartments Pvt Ltd --Petitioner Versus Uttarakhand Real Estate Regulatory Authority and another --Respondents Hon'ble Manoj Kumar Tiwari, J. Mr. Siddhartha Singh, Advocate for the petitioner. 2. Ms. Monika Pant, Advocate for respondent no. 1, through video conferencing. 3. Mr. Pulak Raj Mulick, Advocate for respondent no. 2. 4. Respondent No. 2 filed a complaint against petitioner before Real Estate Regulatory Authority, which is registered as Complaint Case No. 15 of 2026. 5. Petitioner contends that since he has filed an application questioning the locus of respondent no. 2 for filing that complaint, therefore, his application should also be considered. 6. Learned counsel for respondent no. 2, however, submits that the developer (petitioner) has started construction of residential complex over a plot, which was earmarked for constructing shopping mall, which is in violation of Section 14 of RERA Act. He further UKHC010136962026 2026:UHC:7109 submits that the construction is being raised by petitioner without the consent of at least 2/3rd of allottees. 7. Since Real Estate Regulatory Authority is ceased of the matter, therefore, any observation by this Court, on merits, would not be warranted. 8. The writ petition is, accordingly, disposed of with liberty to petitioner to raise all contentions before the Real Estate Regulatory Authority, who shall consider the same, as per law. (Manoj Kumar Tiwari, J.) 11.08.2026 Navin