1. INTRODUCTION
Recently, the division bench of Hon'ble Punjab & Haryana
High Court ("HC") in the case of
Experion Developers Pvt. Ltd.
("Petitioner") Vs. State of
Haryana1 & Ors. has held that merely obtaining
occupancy certificate before Section 3 of Real Estate (Regulation
and Development) Act, 2016 ("Act") came
into force would not oust the jurisdiction of Regulatory
Authority.
2. FACTS
The Petitioner filed a writ petition seeking issuance of a writ
in the nature of certiorari for setting aside the proceedings
pending before the Haryana Real Estate Regulatory Authority,
Gurugram ("Authority/Respondent No.4"),
in Complaint Case no.CR/6254/3831/2019 along with quashing of the
orders dated 22.10.2021 and 22.02.2022. The Petitioner also sought
issuance of a writ of mandamus/prohibition restraining the
Authority from acting in contravention of the Act.
