Rajasthan REAT Refuses To Condone 194-Day Delay, Says RERA Overrides General Limitation Principles

The Rajasthan Real Estate Appellate Tribunal has refused to condone a 194-day delay by a developer in filing an appeal, holding that no “sufficient cause” was shown. As a result, the appeal was dismissed as barred by limitation.

The tribunal observed that the Real Estate (Regulation and Development) Act, 2016 is a “special law” that overrides “general law.” It said the Supreme Court's ruling in Esha Bhattacharjee v. Raghunathpur Nafar Academy (2013), which calls for a liberal approach in such applications, did not help the developer in the present case.

The Bench of Chairman Justice Madan Gopal Vyas and Judicial Member Yudhisthir Sharma said allowing such delay, “and that too without any justifiable reason, would defeat the very purpose of the RERA Act, 2016, which has been framed to provide substantial justice to the allottees within a reasonable time.”

The appeal had challenged a March 25, 2025, order of the Rajasthan Real Estate Regulatory Authority.

In that order, the Authority had allowed a complaint filed by homebuyer Ravi Tara against R-Tech Capital Galleria Jaipur LLP. The developer was directed to hand over possession of the booked unit and pay interest on Rs. 25,38,310 till possession. The buyer was given liberty to approach the adjudicating officer for compensation.

Before the Appellate Tribunal, the developer claimed the delay was due to technical and procedural reasons, including alleged issues with the RERA web portal and time taken to obtain certified copies.

Relying on Esha Bhattacharjee, it argued that delayed applications should be considered with a liberal, justice-oriented approach.

RERA opposed the plea, stating that the web portal malfunctioned only between August 28 and October 24, 2025, and that physical filing remained available during that time. It also pointed out that although the order was passed on March 25, 2025, the developer applied for a certified copy only in September 2025, despite being informed on March 27, 2025 that it was ready.

The tribunal held that the portal issue was limited to a later period and occurred after the 60-day limitation had already expired. It said the explanation “cannot be accepted as a substantial or convincing explanation for the entire period of delay.”

It further noted that no explanation was given for seeking the certified copy nearly six months after the order.

Reiterating that “vague justifications or negligence are not accepted” and that a “meritorious case or an arguable point of law alone is not a sufficient reason to condone an inordinate delay,” the tribunal rejected the delay plea.

The Registry was directed to refund Rs. 9,37,415 deposited by the developer under the Act.

For appellant (R-Tech Capital Galleria Jaipur LLP) : Advocate Mr. Peeyush Ganguli

For respondent (RERA) : Advocate Mr. Vikram Pratap Singh, Advocate