Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration
Date: 12.10.2026
Punjab and Haryana High Court Sets Aside RERA Tribunal Order Rejecting 516-Day Delay Condonation Plea
This Short Article has been prepared & written by Advocate Narendra Singh. The views expressed are based on his interpretation of the law. He can be reached at his email id amitnaren@outlook.com .
The Punjab and Haryana High Court has set aside the Haryana Real Estate Appellate Tribunalβs refusal to condone a 516-day filing delay, directing that Jotindra Infrastructure Limitedβs RERA appeal be decided on merits while requiring the company to pay βΉ75,000 in costs to the first respondent.
Background of the dispute
Jotindra Infrastructure Limited challenged orders issued by the Real Estate Regulatory Authority on 3 May 2023 and 13 May 2024. Its appeal before the Haryana Real Estate Appellate Tribunal, Chandigarh, however, was filed 516 days late.
Along with the appeal, the company filed an application seeking condonation of the delay. On 25 March 2026, the Appellate Tribunal declined that request and dismissed the appeal without examining the underlying dispute on its merits. The developer then approached the Punjab and Haryana High Court under Section 58 of the Real Estate (Regulation and Development) Act, 2016.
Courtβs view: merits should ordinarily prevail over technical delay
Before the High Court, Jotindra Infrastructure argued that there was sufficient cause for the delay and that the Tribunal had not discussed the explanation it had offered. Respondent No. 1 opposed the plea, characterising the delay as intentional and submitting that any condonation should be subject to costs.
Justice Jagmohan Bansal held that courts should not take a rigid or overly technical approach to limitation issues. The Court emphasized that a pragmatic and holistic assessment is preferable, particularly where refusing condonation would prevent adjudication of a dispute on its merits.
The judgment relied on the Supreme Courtβs decision in Suresh Kumar v. State of Haryana (2025 SCC OnLine SC 896), which reaffirmed that applications for condonation of delay should be assessed through a justice-oriented and liberal approach. The Supreme Court had cautioned that procedural technicalities should not defeat substantive adjudication.
Balancing access to adjudication with fairness to the respondent
The High Court did not treat the delay as irrelevant. Instead, it balanced the developerβs opportunity to have its appeal heard with the respondentβs interest in being compensated for the consequences of the late filing.
Accordingly, the Court:
- set aside the Appellate Tribunalβs order dated 25 March 2026;
- directed the Tribunal to decide the RERA appeal on merits;
- imposed costs of βΉ75,000 on Jotindra Infrastructure Limited, payable to respondent No. 1; and
- directed both parties to appear before the Appellate Tribunal on 5 October 2026.
In court, the appellant handed over a draft for βΉ50,000 to counsel for respondent No. 1 and undertook to pay the remaining βΉ25,000 within two weeks.
Key legal significance
The ruling reinforces an important procedural principle in RERA-related litigation: delay can be condoned where the interests of substantial justice warrant it, but courts may impose monetary costs to offset prejudice caused by the late filing.
The decision does not resolve the merits of the original regulatory dispute. It restores the appeal so that the Haryana Real Estate Appellate Tribunal can evaluate the challenged RERA Authority orders through a full merits-based hearing.
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Source: Punjab & Haryana High Court
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