Short Answer

No, the society cannot approach the Gujarat High Court directly for enforcement if RERA orders are delayed.

Detailed Explanation

As per Section 40 of the Gujarat RERA Act, 2016, any person aggrieved by the order of the Real Estate Regulatory Authority (RERA) can file an appeal before the Real Estate Appellate Tribunal within 60 days from the date of receipt of the order. This means that the proper channel for challenging RERA orders is through the Appellate Tribunal and not directly to the High Court.

Additionally, Rule 26 of the Gujarat RERA Rules, 2017 provides detailed procedures for filing an appeal before the Appellate Tribunal, including the format of the appeal, fees, and other requirements. It is essential for the society to follow these procedures to seek redressal for delayed RERA orders.

In practice, approaching the Gujarat High Court directly for enforcement of delayed RERA orders would not be legally tenable as the Act clearly outlines the appellate process through the Appellate Tribunal. By following the prescribed procedures, the society can ensure a proper and lawful resolution of their grievances related to RERA orders.

Real-world Scenarios

• Scenario 1: A cooperative society is facing delays in the implementation of a RERA order by a builder. Instead of directly approaching the High Court, the society should file an appeal before the Real Estate Appellate Tribunal within the stipulated time frame.

• Scenario 2: If a society bypasses the appellate process and directly goes to the High Court for enforcement of a delayed RERA order, the court is likely to dismiss the petition and direct the society to follow the proper legal procedures outlined in the Act and Rules.

• Scenario 3: Following the correct appellate process not only ensures compliance with the law but also expedites the resolution of disputes related to RERA orders, benefiting both the society and the builder.

References

• Section 40 of the Gujarat RERA Act, 2016: Gujarat RERA Act

• Rule 26 of the Gujarat RERA Rules, 2017: Gujarat RERA Rules