Case Note & Summary
The litigation arose from a challenge to the vires of Rule 4 of the Goa Real Estate (Regulation and Development) (Recovery Of Interest, Penalty, Compensation, Fine Payable Forms Of Complaints And Appeal Etc.) Rules, 2017. The petitioner, M/s. Sunstar Homes, contested an order from the Real Estate Regulatory Authority (RERA) that directed them to hand over possession of certain premises, pay penalties, and interest to complainants. The petitioner appealed the RERA order, but the appellate tribunal dismissed the appeal, confirming the original order. Subsequently, the complainants initiated execution proceedings in the Civil Court, which successfully executed the possession order. However, the enforcement of the penalty and interest payment was still pending before the Revenue Authorities under the Goa Land Revenue Code, 1971. The court noted that the original decree had been fully executed regarding possession, while the proceedings for penalty and interest were ongoing. The court found that the respondents had correctly pursued execution of the decree under the appropriate legal framework. Given that the challenge to Rule 4 was rendered academic due to the execution status of the decree, the court dismissed the petitions without costs, discharging the rule in all petitions.
Headnote
A) Administrative Law - Vires of Rule 4 - Challenge to Rule 4 of Goa Real Estate Rules - Goa Real Estate (Regulation and Development) Act, 2016, Section 40 - The court declined to entertain the challenge to the vires of Rule 4 as the decree has been partially executed and the pending proceedings under the Land Revenue Code are within the powers of the Revenue Authorities. The court held that the challenge would be academic in nature given the facts of the case (Paras 7-8).
Issue of Consideration
Whether Rule 4 of the Goa Real Estate (Regulation and Development) (Recovery Of Interest, Penalty, Compensation, Fine Payable Forms Of Complaints And Appeal Etc.) Rules, 2017 is constitutionally valid.
Final Decision
The court dismissed the petitions challenging Rule 4 of the Goa Real Estate Rules, stating that the challenge was academic due to the partial execution of the decree and ongoing proceedings under the Land Revenue Code.
Law Points
- Vires of Rule 4
- Goa Real Estate (Regulation and Development) Act
- 2016
- Execution of orders
- Recovery of interest
- penalty
- compensation
