A functioning RERA Appellate Authority should hear the statutory appeal and interim application.

The petitioner challenged a RERA Authority order dated 18 June 2026, particularly its direction concerning maintenance charges and GST before issuance of an Occupancy/Completion Certificate. She also sought directions concerning possession and transfer of common areas, and other relief under the Real Estate (Regulation and Development) Act, 2016 (“RERA Act”)

The petitioner approached the High Court notwithstanding the appellate remedy, submitting that the RERA Appellate Authority was not functioning properly

Respondents submitted that the Appellate Authority was functioning, hearing appeals and interim applications

The petitioner then sought leave to withdraw the petition with liberty to appeal

Whether the petitioner’s challenge to the RERA Authority’s order should be pursued before the RERA Appellate Authority, which the respondents submitted was functioning and hearing appeals and interim applications

Whether the petition should be permitted to be withdrawn with liberty to file an appeal and an interim application before the RERA Appellate Authority

The Court proceeded on the basis that an appeal and interim application could be brought before the RERA Appellate Authority, and directed that any such appeal and, in particular, the interim application be considered in accordance with law and as expeditiously as possible

The petitioner’s claims under Sections 11(4)(b), 17, 18(3), 19(10), 63 and 71 of the RERA Act were raised in the reliefs sought, but the Court did not determine their merits

The petitioner initially relied on the alleged non-functioning of the Appellate Authority to explain her approach to the High Court. The respondents disputed that premise, stating that the Authority was hearing appeals and interim applications

The Court did not resolve the underlying dispute or rule on the availability or merits of the statutory remedy; instead, it accepted the petitioner’s request to withdraw and pursue an appeal, while directing the Appellate Authority to consider the appeal and interim application in accordance with law

The Authority was requested to consider the appeal, particularly the interim application, in accordance with law and endeavour to decide it expeditiously

The High Court expressed no view on the merits of the petitioner’s claims.