another
Mr. S.S. Das, Senior Advocate
for Respondent No.1
CORAM:
JUSTICE R.K. PATTANAIK
DATE OF JUDGMENT:07.08.2025
1. Instant appeal filed under Section 58 of the Real Estate
(Regulation and Development) Act, 2016 (hereinafter referred
to as ‘the Act’) read with Section 100 of the Civil Procedure
Code, 1908 is at the behest of the appellant assailing the
correctness, legality and judicial propriety of the impugned
decision by order dated 22nd November, 2023 of the learned
Odisha Real Estate Appellate Tribunal, Bhubaneswar (shortly
as ‘the OREAT’) in OREAT Appeal No.58 of 2022 disposed
of on 22nd November, 2023 confirming the order dated 18 th
January, 2022 of the learned Odisha Real Estate Regulatory
Authority, Bhubaneswar (hence called as ‘the RERA’) arising
out of Complaint Case No.243 of 2021 on the grounds inter
alia that the decisions of the learned authorities below having
declined action for demolition of the structure raised in the
Ground floor of the apartment for being used commercially
restoring it to the original condition are legally untenable and
hence, liable to be interfered with and set aside.