Respondents Also Have Right To Legal Representation Before Regulatory Authority/ Tribunal: High Court Reads Down S.56 Rajasthan RERA Act

The Rajasthan High Court has observed that Section 56 of the Rajasthan Real Estate (Regulation and Development) Act, 2016, inasmuch as it excludes Respondents' right to legal representation before the Appellate Tribunal or the Regulatory Authority or the adjudicating officer, as the case may be, is ultra vires.Accordingly, it declared that the provision includes the word "Respondent", who would also be entitled to representation (like the applicant or appellant) to either appear in person or...

Calcutta High Court Seeks State's Response In PIL Alleging Non-Implementation Of RERA In West Bengal

The Calcutta High Court on Tuesday sought response from the State government in a Public Interest Litigation (PIL) alleging that members of Real Estate Regulatory Authority (RERA) and the Appellate Tribunal have not yet been appointed in West Bengal despite the State government having notified the establishment of the West Bengal Real Estate Regulatory Authority and the the Real Estate Appellate Tribunal. The counsel appearing for the petitioner apprised a Bench comprising Chief Justice...

RERA ACT- Inconvenience In Making Pre-Deposits Not An Onerous Circumstance Warranting Relaxation Of A Statutory Mandate: Punjab And Haryana High Court

Mere hardship in making pre-deposits which include diverting funds is not an arduous circumstance in any manner and does not necessitate waiver of a statutory mandate, the Punjab and Haryana High Court has held. In a case about a batch of petitions filed by several real estate developers against orders passed by the Haryana Real Estate Regulatory Authority involving common questions of law regarding S.43(5) of RERA Act, 2016, which sought to get a relaxation from High Court under A.22,...

PIL Alleges Assam RERA Not Functioning As Per Law: Gauhati High Court Issues Notice To Authority, Its Chairman

Dealing with a Public Interest Litigation (PIL) plea raising the issue that Assam Real Estate Regulatory Authority (Assam RERA), is not functioning in accordance with law, the Gauhati High Court issued the notice to the Authority and its chairman.The Bench of Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia was dealing with a PIL moved by Anita Verma submitting that the Authority, which is a statutory authority created under the Real Estate (Regulation and Development) Act, 2016 is not...

"Due To DM's Inaction Unavoidable RERA Cases Coming To Court": Allahabad HC Seeks GB Nagar DM Suhas LY's Personal Presence

The Allahabad High Court on Monday sought the personal presence of the District Magistrate of Gautam Budh Nagar, Suhas LY while observing that due to his inaction 'unavoidable' RERA cases were coming to the Court.The Bench of Acting Chief Justice (ACJ) Munishwar Nath Bhandari, and Justice Piyush Agrawal has asked him to remain presentbefore the Court on October 4, 2021, to explain his inaction in reference to the recovery certificate issued by RERA Authority in several cases. The Court was...

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 of agreements styled as 'Agreement to Lease' when the lease period is long (say 999 years) and when the ‘lessee’...

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 other high courts in the country to wait for the Bombay High Court to decide all pleas and petitions...

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 had challenged the validity of an office order dated 11.05.17, passed by the Secretary,...