Himachal Pradesh RERA Directs Builder To Construct Road Leading Up To Complainant Plot

Himachal Real Estate Regulatory Authority (Authority), bench comprising Justice Srikant Baldi (Chairperson) and BC Badalia (Member), has directed the builder to construct the road leading up to the complainant's plot within three months as per the sanctioned plan. Additionally, the Authority has also directed the builder to register the project under RERA within one month.

Background Fact

The complainant purchased Plot No. 4 from the builder through a real estate agent on February 6, 2021, in Solan, Himachal Pradesh. The size of the plot purchased by the complainant was 4 biswa, equivalent to 168 square meters. The project comprised a total of seven plots.

The complainant alleged that the builder had not developed the road within the project. Aggrieved by this, the complainant filed a complaint before the Authority, seeking a directive for the builder to develop and construct the road in the project as per the approved map.

Contention of Builder

The builder contended that the present complaint is not maintainable. They asserted that the complainant has not approached the Authority with clean hands and has concealed true and material facts. The builder further argued that the complainant has no locus standi to file and maintain the complaint.

The builder stated that he had obtained approval for the subdivision of the land from the Town and Country Planning Department, Solan, on February 9, 2021. Subsequently, he surrendered a 5-meter-wide path to the local body, Gram Panchayat Anji, which has been duly incorporated into the revenue record, making the path the property of Gram Panchayat Anji.

Furthermore, the builder claimed that they developed the road on the spot before surrendering it to the local body and installed proper pucca points and iron angles. They also carved out separate tatima of the plots and marked them with the help of revenue officials.

Observation and direction by Authority

The Authority observed that the approved plan designated a path width of 5 meters, yet its construction was hindered due to encroachment by a neighbour not affiliated with the project. Consequently, the Authority lacks jurisdiction over that neighbouring individual, given his non-allottee status within the project. However, it is the duty of the builder to ensure the construction of a proper road up to the complainant's plot in accordance with the sanctioned plan. Therefore, the builder must undertake effective measures to guarantee unobstructed and developed access as per the sanctioned plan.

Furthermore, the Authority directed the Builder to promptly register the project within one month, given its qualification as a registerable project due to its size exceeding 500 square meters. Additionally, the Authority directed the builder to expeditiously construct a proper road leading up to the complainant's plot in strict accordance with the sanctioned plan within three months.

Case - Harish Kumar Sethi Versus Harsh Tomar & another

Citation - Complaint No. HPRERA2023035/C

Click Here To Read/Download Order