Order Complaint No. 307 of 2023

BEFORE TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.307 OF 2023
Corum:

2nd of November, 2023
Dr. N. Satyanarayana, IAS (Retd.), Hon’ble Chairperson
Sri Laxmi Narayana Jannu, Hon’ble Member
Sri K. Srinivasa Rao, Hon’ble Member

Sri Subodh Kumar Sanghi
Versus
M/s Ananya Infra Project Pvt. Ltd.

…Complainant
…Respondent

In the matter presently before this Authority, filed by the Complainant, a
hearing was conducted on 15.07.2023, 17.08.2023 and 17.10.2023 with the
Complainant present in person. No representative appeared on behalf of the
Respondent. Following the presentation of arguments by the Complainant,
this Authority issues the following:
ORDER:
2.

The current Complaint has been filed under Section 31 of the Real

Estate (Regulation and Development) Act, 2016 (hereinafter referred to as the
“RE(R&D) Act”), in conjunction with Rule 34(1) of the Telangana Real Estate
(Regulation and Development) Rules, 2017 (hereinafter referred to as the
“Rules”), seeking directions for this Authority to take action against the
Respondent.
3.

The Complainant alleges that M/s Ananya Infra Project Pvt. Ltd,

represented by its Director Shri Raj Kumar Rai, has marketed plots in a
project without RERA registration under TSRERA. The Complainant further
asserts that payments were made in September 2018, and an Agreement of
Sale was entered into on 20.02.2019, assuring delivery of plots within 9
months for a Residential Housing layout project in sy no. 252 & 253 of
Athvelley Village, admeasuring Ac.19-27 gts at Medchal Mandal, Medchal
Malakajgiri District, Telangana State.
4.

Upon receiving the complaint, this Authority issued notice no.

307/2021/TSRERA

dated

19.06.2021,

and

a

reminder

notice

dated

29.07.2021 to the developer under Rule 34(2) of the Telangana State
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(Regulation and Development) Rules 2017. The notices directed the promoter
to comply with specified directions, but no response has been received from
the promoter to date.
5.

Subsequently, the Complainant filed Writ petition W.P.No.15016 of

2021 before the Hon’ble High Court, leading to the disposal of the petition
with directions for completing the enquiry and passing necessary orders
expeditiously. The Complainant also filed a contempt case vide CC. no. 1425
of 2022, wherein the Hon’ble High Court issued notices to this Office.
6.

A hearing was conducted by, the then Authority on December 23, 2022,

during which the Complainant reiterated the original contentions. In light of
the Respondent's failure to register the project with TSRERA and their noncompliance with the Authority's notices, an ex-parte order was issued on
January 9, 2023. The order directed the Respondent to register their project
with TSRERA.
7.

Subsequent to the issuance of the ex-parte order by the then Authority,

the Complainant forwarded a new letter to this Authority, alleging that the
Respondent had not yet registered the project. The Complainant sought
another hearing date.
8.

On July 15, 2023, a hearing was conducted by the presently

constituted

Authority.

During

the

proceedings,

the

Complainant

was

personally present, while no representative appeared on behalf of the
Respondent.

Sri

Nageshwar

represented

the

HMDA

authority.

The

Complainant asserted before the Bench that Sale Deeds were executed
between the parties on February 20, 2019, involving the purchase of six plots
from the Respondent in the Athevelley Village project. The Complainant
claimed to have been assured by the Respondent that the concerned project
would be registered under TS RERA. Relying on this assurance, the
Complainant invested funds. However, the Respondent failed to register the
project, even after the then Authority issued an ex-parte order prior to the
proceedings before this Authority.

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9.

Meanwhile, the HMDA submitted a letter dated 26th November 2022 to

the Bench, disclosing that the HMDA sanction for Mechal zone, Athvelly
Village project layout permission, issued via draft layout dated 24th March
2017 (LP no. 09/LP/plg/HMDA/2017) in favor of M/s Ananya Infra Projects,
had been cancelled. The cancellation was attributed to the layout applicant's
encroachment on the area of the concerned land of the project. Consequently,
the layout applicant was accused of misrepresenting facts before the HMDA
authority during the application filing, leading to the acquisition of a draft
layout. Additionally, sy.no.251 was identified as government land and was
found to be encroached upon.
10.

Subsequently, the Complainant requested time to submit additional

documents, and a subsequent hearing was scheduled for the 17th of August
2023 and 17th of October 2023. However, no representatives appeared on
behalf of either party during these scheduled hearings.
11.

Considering the cancellation of the HMDA draft sanction plan bearing

permit no. 09/LO/plg/HMDA/2017

for the concerned project of

the

Respondent on grounds of encroachment, this Authority holds that the
Complainant's prayer for directing the Respondent to register the project
under TS RERA cannot be granted. Hence, the matter is disposed of
accordingly.
12.

If aggrieved by this Order, the parties may approach the TS Real Estate

Appellate Tribunal (vide G.O.Ms.No.8, Dt.11-01-2018, the Telangana State
Value Added Tax Appellate Tribunal has been designated as TS Real Estate
Appellate Tribunal to manage the affairs under the Act till the regular
Tribunal is established) within 60 days from the date of receipt of this Order.

Sd/Sri K. Srinivasa Rao,
Hon'ble Member,
TS RERA

Sd/Sri Laxmi Narayana Jannu,
Hon'ble Member,
TS RERA

Sd/Dr. N. Satyanarayana, IAS (Retd.),
Hon'ble Chairperson,
TS RERA

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