News Citation : 2026 LN (CGRERA) 16
February 18, 2026 : The Chhattisgarh Real Estate Regulatory Authority has directed a Raipur-based developer to complete pending infrastructure work in a residential project and obtain a completion certificate within 60 days, holding that the project remains ongoing and lacks basic amenities promised to plot holders.
The order, passed on February 18, 2026, concerns the “Raj Vatika” project in Semariya, Raipur. The complaint was filed by Ghanshyam Prasad Sahu against developer Md. Qutub Abbas under Section 31 of the Real Estate (Regulation and Development) Act, 2016.
According to the complaint, the developer had received approval from the Town and Country Planning Department in 2004 to develop a residential colony comprising 92 plots. However, the complainant alleged that several development works were never completed. These included proper roads, drinking water supply, drainage, electricity, and other essential civic amenities. It was also alleged that certain mortgaged plots were sold without fulfilling development obligations or obtaining a completion certificate from the competent authority.
The developer denied the allegations and argued that the project had already been completed in 2012, well before the RERA Act came into force. He contended that a completion certificate had been issued by the competent authority on June 2, 2012, and therefore the Authority lacked jurisdiction. He further submitted that the complainant was not the original allottee but a subsequent purchaser who had acquired the plot in 2021, and that maintenance obligations rested with the residents’ association as per the sale deed.
The Authority examined preliminary objections regarding jurisdiction and limitation. After appellate proceedings and reconsideration, it held that the project qualified as an ongoing project because no valid completion certificate had been produced before it. Therefore, the complaint was maintainable under the RERA Act.
A commissioner’s site inspection report dated July 7, 2025, played a significant role in the decision. The report noted deficiencies in drinking water supply, lighting, and road infrastructure. The Authority observed that basic amenities were incomplete and that no completion certificate had been obtained from the competent authority.
On the issue of a boundary wall dispute raised by the complainant, the Authority declined relief, noting that the approved layout plan did not specifically include a boundary wall and no supporting brochure was placed on record.
In its final order, the Authority directed the developer to complete all pending development works in accordance with the original approval within 60 days and to obtain a completion certificate from the competent authority. It also directed the Registrar of RERA to initiate separate proceedings under Section 3 of the Act against the developer.
The ruling reinforces that developers cannot avoid statutory obligations by relying on old approvals if essential infrastructure remains incomplete and no valid completion certificate exists. For plot holders in long-pending projects, the order underscores that RERA jurisdiction extends to ongoing developments where basic civic amenities are still deficient.
Case Reference : Ghanshyam Prasad Sahu and Manish Kumar Sarang vs. Mr. Fazal Abbas, S/o Late Abdulla Bhai
