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Allahabad High Court summons Gautam Budh Nagar DM for piling up of UPRERA cases

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The Allahabad High Court while observing that due to his inaction ‘unavoidable’ RERA cases were coming to the Court, sought the personal presence of the District Magistrate of Gautam Budh Nagar, Suhas LY.

The Division Bench of Acting Chief Justice Munishwar Nath Bhandari and Justice Piyush Agrawal passed this order on Monday, while hearing a petition filed by Priya Kapahi and Another.

The petition sought recovery of advance money given for a flat in Eco Village 4 in Greater Noida, as the developer of the project failed to give possession of the flat to the petitioner within time.

The Court said due to the inaction of the District Magistrate, unavoidable litigation is coming to the Court time and again.

“The matter is old by more than two-and-a-half years to make a recovery pursuant to the order passed by the RERA Authority, but no action is apparently available. The District Magistrate would come out with the details of all the pending matters for recovery pursuant to the order passed by the RERA Authority,”

-the Court observed.

Also Read: Criminal proceedings against encroachment on land of Gram Sabha can be taken together under Section 67 of Revenue Code: Allahabad High Court

The Court further said that it would pass appropriate order, if no justification was found in the inaction of the District Magistrate.

“Let the petition be listed again on October 4 as fresh, enabling the Standing Counsel to keep the District Magistrate, Gautam Buddh Nagar present in the Court to explain his inaction in reference to the recovery certificate issued by the RERA Authority not only in this case, but in other cases also,”

-the Court ordered.

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