RERA
Landowner Who Transfers Development Rights Is Jointly Liable To Homebuyers: Uttarakhand High Court
The Uttarakhand High Court has recently reiterated that a landowner who hands over land and extensive development rights to a builder cannot avoid responsibility towards homebuyers and can be subjected to recovery proceedings even if the flats were sold by the developer. A Division Bench of Chief Justice Manoj Kumar Gupta and Justice Ashish Naithani said liability towards homebuyers does not rest on the builder alone. “The liability, as against the allottees, from whom money was realized by...
Telangana RERA Condemns Practice Of Developers Changing Possession Dates After Booking
The Telangana Real Estate Regulatory Authority (TGRERA) has come down hard on the practice of developers changing possession dates after buyers have already paid substantial amounts. Calling such agreements “ex-facie one-sided, unfair, and unreasonable,” the Authority said homebuyers are often left with no real choice but to accept altered timelines inserted later in sale agreements. A bench led by Chairperson Dr. N. Satyanarayana, with members K. Srinivasa Rao and Laxmi Narayana Jannu,...
RERA Tribunal Order Unsustainable Where Heard by One Bench And Pronounced By Another: Allahabad High Court
The Allahabad High Court has set aside a judgment of the Uttar Pradesh Real Estate Appellate Tribunal, holding that a case heard by one bench cannot be decided by another bench if one of its members did not hear the arguments. The court said such a judgment is unsustainable in law and goes against fundamental principles of judicial procedure. A Single Bench of Justice Subhash Vidyarthi said that the bench that hears a matter must also decide it. It added that views of members who heard the case...
Interest For Delayed Possession Under RERA Can't Be Waived Through Private Settlement: Allahabad High Court
The Allahabad High Court has recently held that a private settlement between a promoter and a homebuyer cannot override mandatory statutory obligations under the Real Estate (Regulation and Development) Act, 2016. Dismissing an appeal filed by the Lucknow Development Authority, a single bench of Justice Prashant Kumar upheld an order directing payment of statutory interest to a buyer for delay in handing over possession of a flat.The court said the law leaves no scope for promoters to avoid...
No Forfeiture Order, No Retention: Punjab RERA Upholds Shop Allotment Cancellation But Orders ₹3 Lakh Refund
The Punjab Real Estate Regulatory Authority (RERA) has upheld the cancellation of a commercial shop allotment in Mohali after the buyer failed to meet auction payment timelines but directed refund of a separate deposit of Rs 3 lakh that had been retained without any forfeiture order in this case. The order was passed by a bench of Member Binod Kumar Singh. While examining how the payments were handled in this allotment, the Authority explained why the later deposit could not be retained....
Homebuyers Complete Stalled Hyderabad Housing Project After TG RERA Revokes Developer's Registration
Homebuyers of a stalled Hyderabad housing project have completed construction after the Telangana Real Estate Regulatory Authority (TG RERA) stepped in, revoked the developer's registration, and enabled the residents' association to take over the project under the RERA law. Recording the completion of the “Jaya Platinum” project at Bowrampet, TG RERA held that revocation of registration “does not leave the allottees remediless.” It said regulatory intervention had become inevitable to protect...
RERA Cases Weekly Round Up: 11th January To 18th January, 2026
NOMINAL INDEX PS Group Realty Pvt. Ltd. v. Ayush Trade-links Private Limited, 2026 LLBiz REAT (WB) 2Forum Projects Private Limited & Ors. v. Chittaranjan Choudhury & Ors., 2026 LLBiz REAT (WB) 1Sanju Daulatraj Desai v. Realgem Buildtech Private Limited & Ors., 2026 LLBiz REAT (MH) 5Bhopal Development Authority v. Roop Laxmi Singh, 2026 LLBiz REAT (MP) 4Parth Developer v. Yogesh Mahajan & Anr., 2026 LLBiz REAT (MP) 3Alok Kumar Singh & Ors. v. Intofinity Promoters Private...
J&K High Court Sets Aside Interim Order Against Developer Passed By Special Tribunal Without Jurisdiction
The Jammu & Kashmir and Ladakh High Court has set aside a status quo order passed against a real estate developer by the Jammu and Kashmir Special Tribunal, which was functioning as the interim Real Estate Appellate Tribunal. Justice Rahul Bharti held that once a tribunal acknowledges that it lacks jurisdiction, it cannot issue or continue any interim or supplementary directions. Any such directions, the court said, are “nugatory in the eyes of law”. The petition was filed by Royal Omkar...
Haryana RERA Orders Vatika Ltd to Pay ₹38 lakh Compensation Over Refund For Delayed Gurugram Project
The Haryana Real Estate Regulatory Authority (RERA) has directed developer Vatika Limited to pay Rs 38 lakh as compensation to a homebuyer for loss of property appreciation caused by prolonged delay in completing a housing project in Gurugram. Adjudicating Officer Rajender Kumar said the developer gained unfairly by holding the buyer's money without building the project. Referring to the rise in developmental activities in that area, he observed that “money paid by the complainant to the...
MahaREAT Grants Interim Relief to Homebuyer, Says RERA Jurisdiction Not Ousted by Arbitration Clause
The Maharashtra Real Estate Appellate Tribunal (MahaREAT), Mumbai, recently granted interim relief to a homebuyer of the "Rustomjee Crown" project, holding that an arbitration clause in an allocation letter cannot be deemed to oust RERA's jurisdictional power. Additionally, in order to avoid future third-party complications, the Tribunal imposed a status quo on the subject flat and held that a developer cannot demand more than 10% of the consideration without a registered agreement for sale. In...
K-RERA Holds Welfare Societies Collecting Funds For Plots as 'Promoters,' Orders ₹22.45 Lakh Refund to Home Buyer
The Karnataka Real Estate Regulatory Authority (K-RERA) has recently ordered a Welfare Society to reimburse an allottee over ₹22 lakh with interest for the entire cost of a plot in an unregistered project. The Authority, led by Chairman Rakesh Singh, on 12th January, 2026, made it clear that if a welfare organisation develops and sells real estate, it qualifies as 'Promoter' under the Real Estate (Regulation and Development) Act, 2016 (RERA Act). The Bench clarified that it cannot avoid its...
Offering Possession Of Flat Without Occupation Certificate Is Illegal: Punjab RERA
The Punjab Real Estate Regulatory Authority (RERA) has recently ruled that a developer cannot legally offer possession of a flat without first obtaining mandatory statutory approvals and that extensions granted for project completion do not override the possession date promised to a homebuyer. RERA Chairman Rakesh Kumar Goyal, while partly allowing a complaint against Omaxe Chandigarh Extension Developers Private Limited, said that “the extension in completion by RERA, Punjab, has no relevance...