Chennai: Mere grant of a building registration by the Tamil Nadu Real Estate Regulatory Authority (TNRERA) will not prejudice the rights of a person conducting a civil case for the title of a property, Madras high court said.
The issue pertains to a plea moved by N Balakrishnan challenging the order passed by TNRERA on April 10, granting registration of the project developed by S Anandhan. He contended that though TNRERA will not consider the issue like a civil court, the minimum requirement is contained under Section 4 of the Real Estate (Regulation and Development) Act, 2016 that the application of the person seeking registration should not contain any encumbrance, and the person should disclose those particulars, if any.
A civil suit is pending over the title of the land being developed by Anandhan, according to the petitioner. Despite his objection, the authority has granted registration of the project, Balakrishnan said. “…it must be seen that when there are disputed questions of title, it is not for the TNRERA to go into the same and decide the issue itself. The court made the observation while refusing to quash a registration granted by TNRERA for the development of a land parcel in Tambaram. However, taking advantage of an ex parte interim injunction passed by the civil court, Anandhan applied for registration of a project with TNRERA. Refusing to concur, the court observed that it may not be open for the TNRERA to revoke the registration already granted and reconsider the issue. The court noted that the project is registered, the construction is at an advanced stage, and disposed of the plea.
It is for the affected persons to approach the competent civil court,” Justice D Bharatha Chakravarthy said on Friday.