Case law, Tamil Nadu land law
Appeal No. 13 of 2022, V. Perumal v. M/s. Isha Homes (India) Pvt. Ltd. and others
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman and Nicobar Islands), in Appeal No. 13 of 2022 dated 10 October 2022, dismissed V. Perumal's appeal and upheld the Tamil Nadu Real Estate Regulatory Authority's rejection of his complaint as not maintainable. The Tribunal held that ownership of the disputed land and the validity of the related Gift Deed must be decided by a competent civil court.
What the case concerned
Appeal No. 13 of 2022 concerned the Isha Code Field real estate project at Pudupakkam Village. V. Perumal claimed possession and enjoyment of 16 cents in Survey No. 65/8A and alleged that the land had been wrongly included as Open Space Reservation in an earlier project layout.
The developer, M/s. Isha Homes (India) Private Limited, had entered into a Joint Development Agreement with the other respondents. The project was registered with the Tamil Nadu Real Estate Regulatory Authority.
Earlier proceedings and revised layout
V. Perumal had challenged the planning approval and a Gift Deed dated 7 April 2016 before the High Court. During those proceedings, his counsel stated that he was satisfied that Survey No. 65/8A was not included in the revised approved layout dated 23 July 2019.
The High Court observed that rights over the disputed property had to be decided by the revenue authorities and a competent civil court. A separate writ petition challenging the grant of patta to the second respondent was also dismissed, with the parties directed to establish title before a civil court. Review proceedings were dismissed, while related writ appeals were stated to be pending when the Tribunal heard the appeal.
Relief requested from the regulatory authority
The complaint before the Tamil Nadu Real Estate Regulatory Authority requested:
- Cancellation of the revised layout approval granted in July 2019.
- Revocation of the project registration dated 25 September 2019.
- Punishment of the respondents for alleged violations of the Real Estate Regulation and Development Act, 2016.
Tribunal's findings
The Tamil Nadu Real Estate Appellate Tribunal found that:
- Survey No. 65/8A was not included in the approval granted on 23 July 2019.
- V. Perumal had previously stated before the High Court that he was satisfied with the exclusion of that survey number from the revised layout.
- His claimed ownership of Survey No. 65/8A could be established only before a competent civil court.
- The validity of the Gift Deed dated 7 April 2016 could also be decided only by a competent civil court.
- The Tamil Nadu Real Estate Regulatory Authority had correctly rejected the complaint as not maintainable.
The appeal was dismissed. The connected applications seeking permission to file additional documents were closed without consideration because the appeal itself had been dismissed.
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Common questions
Did the Tribunal cancel the Isha Code Field layout approval or project registration?
No. The Tamil Nadu Real Estate Appellate Tribunal dismissed the appeal and upheld the rejection of the complaint seeking cancellation of the revised layout approval and revocation of the project registration.
Was Survey No. 65/8A included in the revised approved layout?
The Tribunal found that Survey No. 65/8A was not included in the approval granted on 23 July 2019.
Can the Real Estate Regulatory Authority decide who owns the disputed 16 cents?
Not in this case. The Tribunal held that V. Perumal could establish his claimed right over Survey No. 65/8A only before a competent civil court.
Did the Tribunal decide whether the Gift Deed dated 7 April 2016 was valid?
No. The Tribunal stated that the correctness of the Gift Deed could be decided only by a competent civil court.
