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NEW DELHI: Delhi’s Real Estate Appellate Tribunal (REAT) has set aside a Rs 1 crore penalty imposed on the Delhi Development Authority by Real Estate Regulatory Authority (RERA) for failing to register a housing project. The relief came after DDA argued that the Rohini project was completed before the RERA for Delhi was established in 2017, making registration unnecessary. “The documents being sought now were not available when the authority passed the orders. Since these documents are crucial to the case, and in the interest of justice, it is appropriate to send the matter back to the authority to review the complaint again within two months,” the REAT bench said in its recent order. In the process, REAT quashed RERA’s order imposing the Rs 1-crore cost on DDA and overturned the direction to file a criminal complaint against the agency via its vice-chairman for violation of provisions of the real estate law. Earlier, in January, RERA had faulted DDA for not registering its “Residential Plotting Project /Scheme, sector-7, Rohini,” labelling it an ongoing project and alleging “wilful default.” It had also directed that all future sales be suspended until registration was complete. In its appeal, DDA-represented by advocates Anil Sharma and Vrinda Kapoor Dev-argued that the project was completed before the Act came into force on May 1, 2017. They submitted a clarification from the ministry of housing and urban affairs stating that pre-2017 projects do not require RERA approval, along with a completion certificate and proof that sewerage services had been handed over to Delhi Jal Board in August 2009. The resident welfare association (RWA) of the housing society opposed the appeal, claiming the project remains ongoing under RERA and challenging the evidential value of DDA’s documents. The RWA also argued that the completion certificate, based on the 1982 layout plan, did not account for the revised 1985 plan. REAT, however, left it to RERA to examine both DDA’s submissions and the RWA’s counterclaims.
