Bihar RERA Cannot Demand Documents Beyond Those Prescribed By Law For Project Registration: Patna High Court

The Patna High Court has held that Bihar RERA cannot insist on documents beyond those prescribed under the Real Estate (Regulation and Development) Act, 2016 and the Bihar RERA Rules, 2017, while processing a project registration application.

It also ruled that a residential project stood deemed registered after the Authority failed to decide the application within the statutory 30-day period.

Justice Ajit Kumar observed that allowing RERA to demand documents not prescribed by law would expand its powers beyond the limits set by the legislature.

"Even if this Court were to accept the plea of the learned counsel for the Respondent-RERA and permit the Authority to demand documents which are not prescribed under Section 4 of the Act, 2016 read with Rule 3 of the Bihar Real Estate (Regulation and Development) Rules, 2017, it would amount to enlarging the powers of the Authority beyond the legislative scope.", the court ruled.

The case concerned Aditya Niwas Developers and Colonizers, a partnership firm that proposed to develop a G+3 residential project, Chhabilchandra Enclave, in Danapur, Patna. The firm applied for registration on June 19, 2025.

RERA raised five queries on June 30. The firm responded on July 3, including with a reply concerning the cooperative society documents. Further queries were raised on October 10 and answered on October 30.

On December 18, 2025, RERA issued a notice proposing to reject the application for want of three documents. These included the society's bye-laws permitting multi-storeyed construction, approval from the Registrar of Cooperative Societies for converting the allotted land to multi-storeyed apartment use, and any amendment or supplementary deed to the original 1982 sale deed.

The firm disputed these requirements. It submitted that the society's bye-laws permitted construction, that the society had issued a no-objection certificate and that no supplementary deed was required.

The High Court found that the three documents were not prescribed under Section 4 of the Act or Rule 3 of the Bihar RERA Rules. It also noted that RERA had not identified any document required under these provisions that the firm had failed to submit.

The court further held that the 30-day period under Section 5 began on receipt of the application. Repeated queries could neither stop nor restart the statutory deadline.

"The thirty days run 'on receipt of the application'; the Section contains nothing which stops or restarts them each time a query is raised. To accept the Authority's stand that the period never began would let it defeat the deeming provision in Section 5(2) by raising query after query, and would render that provision otiose.", it further ruled.

The court noted that the deadline expired on July 19, 2025, but RERA neither granted nor rejected registration within that period. It issued a rejection notice on December 18, 2025, and ultimately rejected the application through Form D on February 16, 2026.

The court held that the project had already stood deemed registered by operation of law. The firm's subsequent request for additional time to furnish documents could not undo that consequence.

Allowing the petition, the High Court quashed the December 18 notice, the January 8, 2026 order and the February 16 rejection. It declared the project deemed registered and directed RERA to provide its registration number, login ID and password.

For Petitioner (Aditya Niwas Developers and Colonizers): Advocates Bishwash Vijeta, Priyanka Kumari.

For Respondent (State of Bihar): Advocate Shyam Babu Prasad, Standing Counsel-4.

For Respondent (Real Estate Regulatory Authority, Bihar): Advocate Prashant Sinha.