Common Order in Appeal Nos. 83, 84, 90 and 99 of 2021

What the common order covers

The Tamil Nadu Real Estate Appellate Tribunal considered appeals by individual home buyers against the Army Welfare Housing Organization and its Project Director or Chairman. The dispute concerned the undivided share of land to be conveyed to buyers in the Raman Vihar project at Coimbatore.

The buyers argued that planning approval covered 33.53 acres and that 5.15 acres had been gifted to the panchayat, leaving 28.38 acres. They claimed that only 18.43 acres appeared in the carpet area statement and questioned why the remaining 9.96 acres had not been included.

Findings of the Tribunal

The Tamil Nadu Real Estate Appellate Tribunal did not finally decide how the disputed land should be allocated. Its key findings were:

• The buyers were entitled to question the treatment of the balance 9.96 acres.
• The promoter was required to answer that question.
• The Regulatory Authority had obtained a response from the promoter stating that 10.08 acres of unutilised land could be used for phase II development or sold when considered appropriate.
• The Regulatory Authority had not properly discussed the competing claims or given findings on all the reliefs requested by the buyers.
• Merely directing the promoter to execute sale deeds according to the project registration details was not sufficient.
• Some prayers in the buyers' complaints remained undecided, so the earlier orders were not conclusive.

Why the cases were sent back

The Raman Vihar Apartments Owners' Association had separately filed Complaint No. 226 of 2021, including a claim concerning the undivided share of land. The Tamil Nadu Real Estate Appellate Tribunal considered the association competent to question the remaining area covered by the approved planning permission.

Because that complaint was still pending, the Tribunal decided that ruling on the merits of the individual appeals could affect its outcome and could deprive the buyers of an opportunity before the Regulatory Authority.

Result and practical effect

The common order:

• allowed Appeal Nos. 83, 84, 90 and 99 of 2021 for the purpose of remand;
• set aside the Regulatory Authority's orders in Complaint Nos. 106 and 117 of 2020, Complaint No. 451 of 2019 dated 10 June 2021, and Complaint No. 153 of 2021 dated 28 June 2021;
• returned those complaints for fresh disposal together with Complaint No. 226 of 2021; and
• directed the appellants and respondents to appear before the Regulatory Authority on 16 March 2022.

The common order therefore requires reconsideration of the dispute. It does not itself determine the buyers' final undivided share of land.