Haryana Real Estate Appellate Tribunal (HREAT): While considering an application under Sections 44(6) and 53, Real Estate (Regulation and Development) Act, 2016 (RERA Act) read with Rule 8 and Annexure A and Rule 25, Haryana Real Estate (Regulation and Development) Rules, 2017, seeking appointment of an independent expert for measurement of the allotted apartment, the Division Bench of Rajan Gupta, J., Chairman, and Dinesh Singh Chauhan, Member (Technical), allowed the application finding substance in the appellants’ request for independent measurement of the apartment in DLF Valley Gardens, Panchkula.
Background
The appellants had an appeal pending before the Tribunal concerning Flat No. EA/3, DLF Valley Gardens, Panchkula. The appellant sought independent measurement of the net usable carpet area of the unit, along with other specified areas, contending that physical verification was necessary for comparison with the relevant drawings and documents.
By order dated 2 July 2026, the Tribunal had directed production of the relevant approved drawings, drawings published in advertisements and the occupation certificate issued in respect of the unit based on the approved drawings after final approval, specifying any variation. The documents were directed to be produced in sealed cover.
The appellant thereafter moved an application dated 17 July 2026, seeking appointment of an independent Architect and Engineer to visit the flat and undertake physical/on-ground measurements.
Analysis
The Tribunal heard both sides on the question of appointment of an expert, i.e., a qualified Architect/Engineer. The appellant sought independent physical measurement of the unit, while DLF submitted that the flat had been constructed in accordance with the builder-buyer agreement. However, the respondent had no objection to the appointment of an expert for the purpose.
Considering the application and the submissions made, the Tribunal found that, “there is a substance in the application. Thus, we intend to allow the same”.
Decision
Allowing the application, the Tribunal:
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decided to appoint a qualified Architect/Engineer for undertaking the measurement exercise of the unit;
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directed both sides to furnish three names each in sealed cover by 7 September 2026 for selection of the expert, however expert so appointed would either be from one of the names furnished by the parties or of the Bench choice, after consultation with the government,
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directed the expert to examine the relevant documents and undertake the measurement exercise before submitting a report; and
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permitted the appellant to visit the flat, with DLF directed to arrange the visit within 3 weeks.
The matter was directed to be listed on 19 November 2026.
[Ranjit Malhotra v. DLF Homes Developers (P) Ltd., CM No. 736 of 2024, decided on 3-9-2026]
Advocates who appeared in this case:
For the appellant: Ranjit Malhotra
For the respondent: Tushar Sharma, Shourya Arora, Simran Atwal, Bahul Bunger, Advocates, Lal Chand, ADA, Mohit Sharma, FI, DTP
