Rajasthan REAT Stays RERA Order Granting Interim Relief Not Prayed For By Allottee

The Rajasthan Real Estate Appellate Tribunal has stayed an ex-parte interim order that prevented the Rajasthan Housing Board from proposing any increase over the ₹99.86 lakh tentative cost of flats in its AIS Residency Phase-II project in Jaipur. The order had also restrained the Board from demanding additional payments from the allottees.

A bench comprising Chairperson Justice Madan Gopal Vyas and Judicial Member Yudhisthir Sharma observed that “the ex-parte interim-order was passed despite the fact that categorically, no interim relief was prayed for by the complaints.”

The dispute concerns the Housing Board's self-financing AIS Residency Phase-II project at Pratap Nagar, Jaipur. The scheme was launched for All India Service officers and other eligible officers, with applications invited in 2022.

Reservation letters issued on August 8, 2022 communicated a tentative cost of ₹99.86 lakh plus applicable GST. The cost was subject to final costing calculations, statutory adjustments and administrative charges.

The allottees later approached Rajasthan RERA seeking, among other reliefs, a definite date for possession and challenging the proposed increase in administrative charges.

They alleged that the cost of their flats had increased to ₹114.37 lakh under the head of escalation cost. They also claimed that administrative charges had been raised from 5% to 10%.

The allottees further claimed that they had paid the entire cost, including 5% administrative charges, in 2024. They said possession had still not been handed over.

While issuing show-cause notices on July 23, 2026, Rajasthan RERA passed an ex-parte interim order directing the Board not to propose any increase over the original ₹99.86 lakh cost until the next hearing. It also restrained the Board from taking coercive action or demanding additional payment from the allottees.

The Housing Board challenged the order under Section 44 of the Real Estate (Regulation and Development) Act, 2016. The provision allows a party aggrieved by an order of the regulatory authority to appeal before the real estate appellate tribunal.

The Board argued that ₹99.86 lakh was only a tentative estimate under the self-financing scheme. It maintained that final adjustments towards administrative expenditure and inflation were permissible under the applicable rules.

The allottees opposed the appeals. They argued that increasing administrative charges from 5% to 10% was arbitrary, particularly since they claimed 5% charges were applicable in Phase-I and Phase-III.

The tribunal noted that the complaints sought substantive relief against the proposed enhancement. However, when asked whether an interim order was sought pending final disposal, the complainants had marked “No”.

It declined to decide the legality of the proposed enhancement. The tribunal held that doing so while the complaints were pending before Rajasthan RERA could effectively determine the main complaints and prejudice their final adjudication.

The five appeals were disposed of without deciding the merits. Rajasthan RERA was directed to decide the complaints after hearing both sides, preferably within two months from September 29, 2026.

Until then, the effect and operation of the July 23 interim order will remain stayed

For Appellant (Rajasthan Housing Board): Advocates Prashant Daga, Ajay Singh Rajawat.

For Respondents (Anil Kumar Tak & Ors.): Advocate Rishi Raj Maheshwari.