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ARTICLE · 18 JANUARY 2024

Doctrine Of Relation Back Will Not Apply In Case Application For Oc Made Before Rera Coming Into Force: Assam Reat

Recently, vide its order, Hon'ble Assam Real Estate Appellate Tribunal at Guwahati ("AREAT") in the case of RDB Realty & Infrastructure Ltd. ("Appellant") Vs. Real Estate...

IndiaReal Estate and Construction
1. INTRODUCTION
1.1. Recently, vide its order, Hon'ble Assam Real Estate Appellate Tribunal at Guwahati ("AREAT") in the case of RDB Realty & Infrastructure Ltd. ("Appellant") Vs. Real Estate Regulatory Authority, Assam ("RERA Assam") & Anr.1 has held that since the Appellant did not obtain an occupancy certificate ("OC") on the date of commencement of the Real Estate (Regulation and Development) Act, 2016 ("Act") and failed to register the real estate project "Regent Paradise", Appellant has contravened the provisions of Section 3 of the Act, inviting penalty under Section 59 of the Act.
2. BREIF FACTS
2.1. RDB Industries Ltd. entered into a joint venture agreement with Assam State Housing Board ("Housing Board") on December 29, 2006 for construction of residential/commercial complex on the land belonging to the Housing Board at Borsojai, Guwahati. A No-Objection Certificate ("NOC") for construction of building was issued by the

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