COVID-19 And Relief Under RERA- A Critical Analysis

The pandemic COVID-19 outbreak has created a huge impact on the economy. Which in turn pushed sentiment in real estate to its all-time lowest level. It has affected not only the residential and but also the commercial real estate sector. The residential sector has been facing a lower demand, which has now put the developers in dilemma regarding taking a risk by launching any new projects. Since because of various factors such as shortage of material and labour, construction for on-going...

Real Estate Development - Need To Simplify Legal Procedures

More often, several real estate development projects are stalled at a very primary stage, may be at the stage of procurement of land, or in process of seeking various permissions under different statutes. The unhappiness amongst the real-estate developers as regards the complexities in the procedures and in getting the required permissions, appears quite genuine. It is noticed that many litigation proceedings, at least by or against the respective State Governments arise due to delay in...

Industrial Units And Buildings That Are Part Of Such Units Won't Come Under RERA: Maharashtra RERA [Read Order]

The Maharashtra Real Estate Regulatory Authority last month held that Industrial Units or buildings part of such units will not come under Real Estate (Regulation and Development) Act, 2016.Member BD Kapadnis was hearing a complaint filed by Techno Dirive Engineer Pvt Ltd contending that they had booked two units in the Renaissance Industrial Smart City project by Renaissance Indus Infra Pvt...

Remedies Available Under Consumer Protection Act And RERA Are Concurrent: Delhi HC [Delhi HC]

The Delhi High Court on Wednesday reiterated that remedies available to home buyers under the Consumer Protection Act, 1986 (CPA) and Real Estate (Development and Regulation) Act, 2016 (RERA) are concurrent.BackgroundIn the petition titled "M/s M3M India Pvt. Ltd. & Anr. v. Dr. Dinesh Sharma & Anr." along with a batch of similar petitions, Justice Prateek Jalan was faced with the...

RERA Prevails Over Companies Act; Winding Up Order Will Not Bar RERA Proceedings : Rajasthan Authority [Read Order]

The Rajasthan Real Estate Regulatory Authority has held that winding up order under Section 279 of the Companies Act 2013 will not bar proceedings under Real Estate (Regulation and Development) Act 2016.This was held by the Authority while dismissing an application filed by the builder seeking stay of proceedings on the ground that the Delhi High Court had appointed a provisional liquidator...

RERA Does Not Bar Homebuyers' Complaint Under Consumer Protection Act Against Builder/Developer: NCDRC [Read Order]

Both, the Consumer Protection Act, 1986 and the Real Estate (Regulation and Development) Act, 2016 are supplemental to each other and there is no provision in the Consumer Protection Act which is inconsistent with the provisions of RERA.

RERA Applicable To Long Term ‘Lease Agreements’ In Which Substantial Investment Is Made By Lessee As Consideration: Bombay HC [Read Judgment]

The object of the RERA cannot be to exclude such persons, who have invested huge amount in the Real Estate Project, may be under the 'Agreement of Lease' and taken such apartment on the lease of '999 years', which transaction is, in reality, the transaction of sale.’The Bombay High Court has held that provisions of the Real Estate (Regulation and Development) Act, would apply in case...

Bombay HC Upholds Validity Of Real Estate (Regulation And Development) Act [Read Judgment]

In a huge relief to thousands of home buyers, the Bombay High Court has upheld the constitutional validity of the Real Estate (regulation and Development) Act.A bench of Justice Naresh Patil and Justice RG Ketkar passed the judgment after hearing all parties in the matter and upheld the provisions of the new Act that came into effect on May 1, 2017.The Supreme Court had earlier directed...

Maha-RERA Withdraws Office Order Defining ‘Co-Promoter’ [Read Order]

The Bombay High Court, in the case of Ismail Ibrahim Patel and others vs State of Maharashtra and others, has allowed the petitioner to withdraw the petition after the Secretary, Maharashtra Real Estate Regulatory Authority, withdrew the office order dated 11.05.17, providing a definition for the term ‘co-promoter’, which is absent in the enactment.In this case, Ismail Ibrahim Patel...

SC Tells Bombay HC To Decide Pleas On RERA Expeditiously, Other HCs Asked To Wait For The Decision

The Supreme Court on Monday directed the Bombay High Court to expeditiously decide all pleas and petitions challenging the validity of the new Real Estate (Regulation and Development) Act.The bench of Justice Arun Mishra and Justice MM Shantanagoudar directed other high courts where similar pleas against the legislation have been filed to wait for the Bombay High Court’s decision in...

SC Agrees To Hear Centre's Plea To Transfer All Petitions Challenging RERA To SC

The Supreme Court has decided to hear on Monday the Centre's plea for transfer of  cases , challenging the validity of the RERA, pending in various high courts to the Apex court.The Real Estate (Regulation and Development) Act , 2016 came into force from May 1 this year. However the validity of the Act has been challenged in various high courts by the builders and promoters.Appearing for...

Transparency in Realty: A Reality

“Foxes have dens and birds have nests, but the Son of Man has no place even to lay his Head” - Mathew 8: 20, New Testament, BibleOwning a home to live at an affordable cost is a life time dream of every middle-class Indian in a country where the real estate industry was not regulated until the enactment of Real Estate (Regulation and Development) Act, 2016 (“RERA” in short). The industry which is known for its practice of luring the middle class to pour money and inducing them to pay more and...