News Citation : 2026 LN (CGRERA) 12
The Chhattisgarh Real Estate Regulatory Authority (RERA), Raipur, has taken up a detailed complaint filed by a cooperative housing society representing allottees of the “Crest Greens” residential project in Raipur, raising serious objections to proposed changes in the approved layout and use of common facilities by the promoter.
According to the complaint, the project was originally marketed and sold as a gated residential development with clearly demarcated common amenities, internal roads, green areas, a clubhouse, sewage treatment infrastructure, and boundary walls. The allottees contended that they purchased plots on the strength of the sanctioned layout plan approved on March 4, 2014, and the assurances given by the developer at the time of sale.
The dispute arose after the promoter proposed additional development phases adjacent to the existing project and initiated steps to modify the original layout. The society alleged that these changes involved altering internal roads, common green areas, sewage and water infrastructure, and boundary walls, which, according to them, would directly affect their rights and quality of living. The complainants argued that such alterations were being attempted without obtaining the mandatory consent of two-thirds of the allottees, as required under Section 14 of the Real Estate (Regulation and Development) Act, 2016.
The society further claimed that common facilities promised exclusively for the original project were being opened up or proposed to be shared with future phases, which they said amounted to an unlawful dilution of their rights. They also raised concerns about the adequacy of sewage treatment capacity and water supply, alleging that existing infrastructure was already insufficient and that additional development would worsen health and environmental risks.
In response, the promoter denied any violation of the RERA Act. It maintained that the proposed development pertained to land earmarked for future development in the original approved layout and that no alteration was being made to the sanctioned plan applicable to the existing allottees. The promoter argued that internal roads, utilities, and facilities remained its property under the registered sale deeds and that no handover of common areas had yet taken place. It also contended that the consent of allottees was not required for developing land already identified for future phases.
After examining the pleadings, documents, and rival submissions, the Authority noted that the core issue revolved around whether the proposed changes amounted to a modification of the sanctioned layout requiring statutory consent, and whether the rights of existing allottees over common areas and facilities were being affected. RERA referred to the mandatory nature of Section 14 of the Act, which restricts promoters from making unilateral changes to sanctioned plans once disclosed to buyers.
The Authority also took note of judicial precedents emphasising that once a sanctioned layout is disclosed and relied upon by buyers, it cannot be altered to their detriment without the requisite consent. At the same time, it observed that the scope of future development shown in an approved layout, and the exact nature of rights transferred under registered sale deeds, required careful factual scrutiny.
The matter has been registered as Complaint No. M-PRO-2025-03030, and the proceedings will continue for a final determination on whether the promoter’s actions violate the RERA Act and the approved project plan. The case is being closely watched as it touches upon recurring disputes between developers and resident bodies over layout changes, common amenities, and phased real estate development in Chhattisgarh.
