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Supreme Court of India 2021-11-11 disposed

Newtech Promoters and Developers Pvt. Ltd vs State of UP & Ors. etc

Bench: 3 — Rastogi, Aradhe, Vikram Nath

In Brief

In a landmark batch of consolidated civil appeals, the Supreme Court examined the Real Estate (Regulation and Development) Act, 2016 and upheld the validity of the statutory framework protecting home-buyers. The Court held that the Act is retroactive (not retrospective) and applies to ongoing real estate projects without completion certificates. Refund of principal amounts falls within the regulatory authority's jurisdiction as a summary process, while compensation claims are exclusive to the adjudicating officer. The Court upheld delegation of quasi-judicial powers to a single authority member under Section 81, and sustained the pre-deposit condition for appeals as a reasonable safeguard against frivolous litigation by promoters.

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Real Estate Regulation Consumer Protection Statutory Interpretation Administrative Law Delegation of Powers Quasi-Judicial Authority Appellate Procedure Recovery and Enforcement Constitutional Law

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