Plea claims DDA violating real estate laws, HC seeks RERA's stand

The Delhi High Court Wednesday sought response of the Real Estate Regulatory Authority (RERA) on a plea alleging that land-owning body DDA was in default of the law regulating real estate in the national capital.

A bench of Chief Justice D N Patel and Justice C Hari Shankar issued notice to RERA and the Delhi Development Authority (DDA) seeking their stand on the petition by the next date of hearing on November 19.

The order came on the public interest litigation by Abhijit Mishra, a financial economist, who has contended that DDA violated the real estate regulation laws by not registering its housing scheme of 2017 and 2019 with RERA.

The petition, filed through advocate Payal Bahl, has claimed that DDA has not provided RERA with the completion certificate, commencement certificate and occupancy certificate of the projects under its housing schemes of 2017 and 2019.

The land-owning agency also did not provide to RERA a copy of the authorised prospectus of the sanctioned plans of the projects under the two schemes, the petition has contended and added that the DDA was in default of the provisions of the Real Estate (Regulation and Development) Act, 2016.

"The DDA has not been granted exemption from registration of its housing scheme cum project under the statutory provision of the Real Estate (Regulation and Development) Act, 2016.

"Thus, it was a deliberate and malicious attempt by the officers of DDA to contravene the laws of the land," the petition has said.

Mishra, in his plea, has sought directions to the DDA to suspend the allotment process of the apartments under the its 2019 housing scheme until it completes the formality of registration of its project with RERA.

Apart from that, he has sought directions to RERA to take appropriate action against DDA and also set up "a committee to investigate and audit the quality standards of its real estate project under the housing schemes of 2017 and 2019 for their structural integrity as per the National Building Code of India, 2016".