TABLE OF CONTENTS

COVER PAGE………………………………………………………………………..…….i

TABLE OF CONTENTS………………………………………….……………………ii-iv

LIST OF ABBREVIATIONS…………………………………………………….……….…v

INDEX OF AUTHORITIES…………………………………………………………….vi-xv

STATEMENT OF JURISDICTION…………………………………………………xvi

STATEMENT OF FACTS……………………………………………………..……xvii-xvii

STATEMENT OF ISSUES………………………………………………..………….xix

SUMMARY OF ARGUMENTS…………………………………………….…………xx-xxi

AGRUMENT ADVANCED…………………………………………………..………….1-24

[1.] Whether the writ petition filed by Kaza Poryo is Maintainable?.................................1

A. The petitioner has a bona fide interest and hence they have a locus standi…..1
B. There was violation of fundamental rights & there exists substantial questions
of law...2
C. There is no requirement for the Petitioner to exhaust local
remedies…………….3
i. The right under Art. 32 is not subject to the exhaustion of local
remedies...3
ii. The rule of exhaustion of local remedies is not binding on this Hon'ble
Court.....4
D. The Hon’ble Court is “Sentinel on the Qui Vive”........4

[2.] Whether the word allottee is violative of Article 14, 19, 21 and 300A of Constitution
of India? ........................................5

A. It violates Principle of Equality which is Basic Structure of Constitution…………….5

B. It didn’t pass the prism of Article 14 of the Constitution..................................6
C. It is arbitrary and unreasonable………………7
 i. It is Discriminatory.....8
ii. It didn’t pass the Wednesbury test...........9
D. It is in violation of Article 19......................10
i. Restriction under Article19(6) is unreasonable.................10

E. It is not in consonance with Article 21 of the Constitution......................11

i. It is in violation of procedure established by law...........12

ii. It is a piece of Colourable Legislation...13

F. It is in violation of Article 300-A.............13

[3.] Whether the RERA and CPA are in conflict? .....................................14

A. It defeats legislative intent for the enactment of RERA............14

B. Financial drain for the promoter, if parallel remedies are available....15
C. Special act should prevail over General law.........16

[4.] Whether the word allottee is arbitrary which is made in RERA? ................17

A. Under Inclusiveness and Over Inclusiveness...............17

B. Classification is not justifiable as (i) It does not satisfy reasonable classification test
as.............18
i. It does not satisfy the reasonable classification test....18
a) It is not in consonance with Doctrine of Proportionality....19
C. Purpose of act get defeated..........20
i. It is Constitutionally immoral.......20
ii. It is not based on Doctrine of Legitimate Expectation.................21
iii. It is Ultravires in nature................21

[5.] Whether Kaza Poryo is liable to refund the amount invested by Mr. Ashok? .....22

A. There is no concealment of facts from the side of Kaza Poryo...................22

B. There is default of post- payment from the side of allottees..23
C. There was vitiation of contract from the side of the allottee.......24
D. PRAYER……………………………………………………………………………….
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