Chhattisgarh RERA Orders Developer to Issue NOC Without Extra Charges in Golf Greens Case

News Citation : 2026 LN (CGRERA) 27

April 16, 2026 : The Chhattisgarh Real Estate Regulatory Authority (RERA), Raipur, has directed a developer to issue No Objection Certificates (NOCs) to a homebuyer without charging any additional fee, holding that such demands for infrastructure-related charges were not permissible in the facts of the case.

The dispute arose from a complaint filed by a buyer, Ramnarayan Sahu, who had purchased three residential plots Nos. 33, 34, and 35 in Block 15 of the “Golf Greens” project in December 2021. According to the complaint, at the time of booking and execution of the sale deeds, the developer had represented that basic infrastructure such as electricity connections and water pipelines would be included as part of the plot cost, with no separate charges.

However, when the buyer later applied for NOCs for the plots, the developer demanded ₹25,000 per plot, totalling ₹75,000, allegedly towards underground electricity and water pipeline infrastructure. The buyer contended that this demand was not disclosed in the sale agreement, cost sheet, brochure, or any other project document, and that he had never been informed of such charges at the time of purchase. He also alleged that the developer insisted on cash payment without issuing receipts, and refused to grant the NOCs unless the amount was paid.

In response, the developer denied the allegations and argued that the charges were legitimate and in line with the terms of the registered sale deeds. It maintained that the buyer had agreed to bear the cost of electricity and water connections, as explicitly stated in the agreement. The developer further claimed that no misleading representations had been made and that the demand reflected actual infrastructure costs.

After examining the pleadings, documents, and contractual terms, the Authority framed key issues including its jurisdiction, limitation, and the entitlement of the complainant to relief. It held that the dispute fell squarely within its jurisdiction under Section 31 of the Real Estate (Regulation and Development) Act, 2016, and that the complaint was within limitation.

On merits, the Authority rejected the developer’s defence. It found that obligations relating to external infrastructure development, including electricity and water systems, were the responsibility of the promoter under applicable regulatory approvals and development conditions. The Authority noted that such costs could not be shifted onto allottees through subsequent demands, especially where they were not transparently disclosed.

Significantly, the Authority relied on Supreme Court precedents, including Pioneer Urban Land and Infrastructure Ltd. v. Govindan Raghavan and Wg. Cdr. Arifur Rahman Khan v. DLF Southern Homes Pvt. Ltd., to reiterate that one-sided contractual clauses imposed by developers cannot bind homebuyers where they are unfair or unreasonable.

It concluded that the demand for ₹25,000 per plot was unjustified and contrary to law. Accordingly, the Authority allowed the complaint and directed the developer to issue the NOCs for all three plots within 15 days, without levying any charges.