Tripura HC Dismisses Writ After Homebuyers Withhold T-RERA Proceedings, Imposes Rupees 40,000 Costs, says ‘Not Approached With Clean Hands’
The Tripura High Court has dismissed a writ petition filed by four flat owners concerning alleged unauthorised construction at The Royal Peace Apartment, Battala, Agartala, and imposed total costs of Rupees 40,000.
Facts of the Case:
The petitioners, who had purchased ground-floor units in the apartment, alleged that toilets and a guard room had been constructed beyond the sanctioned building plan. They sought directions for removal of the structures based on proceedings before T-RERA and the Agartala Municipal Corporation.
Arguments:
The petitioners argued that the constructions were unauthorised and obstructed the use of the premises. The respondents, however, pointed out that the petitioners had themselves been using the residential premises for commercial purposes, including a clinical laboratory and an eye clinic. It was further brought to the Court’s notice that the petitioners had already initiated an execution proceeding before T-RERA, a fact which had not been disclosed in the writ petition.
High Court’s Decision:
Justice Dr. T. Amarnath Goud held that the petitioners had pursued parallel remedies and had suppressed a material fact regarding the T-RERA proceedings. The Court held that they had not approached the Court with “clear hands” and relied upon the Supreme Court’s ruling on election of remedies. The writ petition was accordingly dismissed. Each of the four petitioners was directed to pay Rupees 10,000, totalling Rupees 40,000, to the High Court Bar Associations within one month.
Case: Shri Kishore Roy Acharjee & Ors. v. State of Tripura & Ors.
W.P.(C) No. 437 of 2026
