RERA restrains builder from booking, selling properties

In a key development that will restrain unauthorised sale of flats, a private builder at Kheel Jasli near Kumarhatti, who has failed to obtain statutory approvals under the Real Estate (Regulation and Development) Act-2016, has been restrained from advertising, marketing, booking or selling his plots or units till he obtains the requisite permissions and registration by the Real Estate Regulatory Authority (RERA), Shimla.

In the orders issued by RERA on August 25, the authority also directed the Tehsildar to ensure that the promoter, Brij Bhushan, was restrained from selling or marketing his plots or units in the said project at Kheel Jasli village near Kumarhatti until requisite permission was obtained from the authorities.

RERA has also sought an updated status of the said project from the Town and Country Planning (TCP) Department to ascertain its factual position as individual flat owners were applying to the department for various permissions.

The said project falls under the Special Area Development Authority, Barog. The action follows a complaint filed by Pryankur Bhardwaj, where he alleged that the promoter was attempting to create third-party rights and make indirect applications to the TCP despite lacking requisite permissions, NOCs and registration under the Act.

The authority said the promoter had undertaken sale of property without RERA’s registration and statutory approvals in violation of the Act as per the RERA order accessed by The Tribune.

The complainant had alleged that the RERA Act was violated as the builder sold 33 flats while the authority’s registration was required for selling more than eight units. In his affidavit to the TCP in 2025, he alleged that the builder had stated that the flats had been sold on lease deeds, though earlier he claimed that they were on rent in 2022, thus conveniently bypassing norms.