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The Allahabad High Court has pulled up the Uttar Pradesh Awas Evam Vikas Parishad for delaying compliance with an order of the Uttar Pradesh Real Estate Regulatory Authority (UP RERA) and issuing a cheque for less than the amount specified in a recovery certificate. The court questioned how the housing agency could make its own calculation when a statutory authority had already determined the recoverable amount. The matter relates to a complaint filed by Ashok Kumar Singh, who had secured a favourable UP RERA order. The court has sought an explanation from the Housing Commissioner.
The Allahabad High Court has criticised the Uttar Pradesh Awas Evam Vikas Parishad for delaying compliance with a UP RERA order and subsequently issuing a cheque for an amount lower than the sum specified in the recovery certificate. The court observed that the authorities appeared to be treating proceedings before UP RERA and the High Court lightly.
A bench comprising Justice Rajan Roy and Justice Manjive Shukla directed the Housing Commissioner of the Parishad to appear through video-conferencing on Tuesday to explain why the lower amount was issued.
The case concerns a complaint filed by Ashok Kumar Singh before UP RERA, which ruled in his favour last year. During enforcement proceedings, UP RERA issued a recovery certificate for INR 26,58,806.01 in May this year. The recovery proceedings were not acted upon by the revenue authorities, following which Singh approached the High Court.
The High Court had subsequently directed the Housing Board to deposit the amount payable under the RERA order within 10 days and warned that the Housing Commissioner would have to appear if the order was not complied with.
The Parishad later filed a compliance affidavit stating that a cheque for INR 23,71,126, drawn in favour of the Registrar of the High Court's Lucknow Bench, had been prepared and was being handed over to the petitioner's counsel. The court said the amount could be released to the petitioner according to court rules after an application was submitted, without requiring another order.
The bench, however, questioned why the cheque was for INR 23.71 lakh when the recovery certificate issued by UP RERA specified INR 26.58 lakh. The Parishad's counsel said the department had arrived at the amount through its own calculation.
The court questioned how the Parishad could make a calculation different from the amount specified by a statutory authority. No satisfactory explanation was provided, and the bench also noted that the compliance affidavit did not include the calculation supporting the lower amount.
The matter comes amid continued efforts by UP RERA to strengthen enforcement of its orders and recovery process. The regulator's current system allows parties to submit execution requests and track compliance with RERA orders, while recent regulatory measures have also focused on improving access to information related to orders and recovery certificates.
Source PTI
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