RERA Authority Cannot Adjudicate Historical Title Disputes While Considering Project Registration: Madhya Pradesh High Court

Introduction

The Madhya Pradesh High Court, in M.P. Real Estate Regulatory Authority, Bhopal v. Shri Ji Builders and Developers, has clarified the scope of powers exercisable by the Real Estate Regulatory Authority while considering an application for registration of a real estate project under the Real Estate Regulation and Development Act, 2016. The Division Bench of the High Court dismissed the writ appeal filed by the M.P. Real Estate Regulatory Authority and upheld the order of the learned Single Judge, which had directed the Authority to process the registration application of the real estate project named “Krishna Orchid”. The judgment is significant as it draws a clear distinction between the regulatory function of RERA and the adjudicatory function of civil courts in matters relating to title disputes.