Now Reading: Allahabad High Court pulls up UP housing agency over RERA order delay
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Allahabad High Court pulls up UP housing agency over RERA order delay
The Allahabad High Court on Monday sharply criticised the UP Awas Evam Vikas Parishad for failing to comply with a UP Real Estate Regulatory Authority (UPRERA) order and for issuing a cheque…
The Allahabad High Court on Monday sharply criticised the UP Awas Evam Vikas Parishad for failing to comply with a UP Real Estate Regulatory Authority (UPRERA) order and for issuing a cheque for an amount lower than the recovery certificate. A bench of Justice Rajan Roy and Justice Manjive Shukla observed that the housing agency appeared to take proceedings before UPRERA and the High Court too lightly.
The court directed the Housing Commissioner to appear via video-conferencing at 10.15 am on Tuesday to explain why a cheque for Rs 23.71 lakh was issued when the recovery certificate specified Rs 26.58 lakh. The Parishad's counsel said the department had made its own calculation, which the bench questioned, noting no calculation was annexed with the compliance affidavit.
The case stems from a complaint by Ashok Kumar Singh. UPRERA ruled in his favour on July 29, 2025, and issued a recovery certificate for Rs 26,58,806.01 on May 27, 2026. The High Court had earlier directed the housing board to deposit the amount within 10 days, warning of the Housing Commissioner's appearance if it failed.
Indian Opinion Analysis
The Allahabad High Court has repeatedly held that statutory authorities like RERA cannot have their orders second-guessed by the very agencies they regulate. Under Section 40 of the RERA Act, a recovery certificate issued by the authority has the same force as a decree of a civil court, leaving the housing board no room to recalculate amounts. If the commissioner fails to offer a tenable explanation on Tuesday, the court could initiate contempt proceedings, potentially leading to personal penalty or imprisonment. The core question is whether the board's internal calculation can override a statutory certificate, a point the bench has already signalled is unacceptable.
Source: timesnownews.com
This brief was synthesised by AI from the source linked above.
