Keywords: RERA, refer, Indian Stamp Act
Case Title : Accrual Realities Pvt. Ltd. & Ors. Vs. The State of Madhya Pradesh 7 Ors.
Real Estate Regulatory Authority (RERA) had dismissed an application filed by Accrual Realities under section 4 of Real Estate Act, 2016 for registration of project of development agreement with land owners for joint venture named,” 24 Carat Extn” on grounds that it was not duly stamped as they didn’t pay the stamp duty of Rs. 22,40,333/- defined under article 6(1)(d) of Indian Stamps Act.
Due to the aggrieved decision taken by RERA, Accrual Realities filed an appeal before High Court . State of Madhya Pradesh, Inspector General and Department of Stamps and Registration observed the case and to their replies stated against the order decided by RERA.
It was held by the Single Judge bench of Justice Vivek Rusia in Court that It is the duty of RERA to refer the document to Registrar of Stamps for completing the process that is remaining in the project if it’s observed by them that project of development agreement is not completed in regards of stamp duty, instead of directly dismissing the application of registration.
To send the incomplete instrument of development agreement project for impounding to Registrar under Indian Stamps Act is a duty or work assigned to the authority having power to do registration of the same. Hence, Court set aside the order of Real Estate Regulatory Authority dated April 19, 2022 and remitted the case back to them for deciding the matter from afresh .
Name ; Chanchal, College Name : GLA University, Mathura, semester 2nd , an intern under Legal Vidhiya
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