Case Law Details
Gold Bricks Infrastructures Pvt. Ltd. Vs Atit Agrawal (Chhattisgarh High Court)
The order of the Appellate Tribunal is for appointment of Architect and make an inspection in respect of development carried out. The order further contains to decide the quantum of infrastructure/ user charges in absence of agreement and thereafter to decide the modus of agreement i.e. charges to be paid in absence of any infrastructure development agreement. We are of the opinion that both the amalgamated direction passed by the learned Tribunal would be against the spirit of section 71. The first part of the order whereby it has been directed that the Architect may be appointed to evaluate the development carried out and both the parties may be given opportunity would fall in line with the object of section 71, which may eventually lead to decide a quantum of compensation qua the existing development as against the promise made to buyers at the time of floating of scheme. The second part of the direction that a mutual settlement may be arrived for execution of the agreement for user charges is not contemplated under section 71(1) of the Act of 2016. Therefore, the second part of the order to arrive at a mutual decision for agreement and development charges cannot be done by the adjudicating officer, as such, that part of order cannot be sustained being beyond the powers conferred under section 71(1) of the Act of 2016. Therefore, the question of law is answered that the remand of the case to the adjudicating officer other than to decide the question of compensation is held to be without jurisdiction. Consequently, the part of the order that the adjudicating officer may in order to ascertain the development work carried out qua the advertisement / prospectus may appoint an Architect to find out the work so far carried out on spot. In such adjudication process, the parties shall also be given opportunity of hearing by following the rules of natural justice. Therefore, we direct that the adjudication process to grant compensation under section 71 of the Act of 2016 to adjudicate the compensation, if any, shall be carried out by procedure as discussed hereinabove within further period of 5 months from the date of receipt a copy of this order.
FULL TEXT OF THE JUDGMENT/ORDER OF CHHATTISGARH HIGH COURT
1. All these miscellaneous appeals are heard together, as have been admitted primarily on the common questions of law.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
