RERA
LiveLawBiz RERA Cases Weekly Digest: March 29- April 4, 2026
NOMINAL INDEXRare Townships Private Limited v. Mitul Gada, 2026 LLBiz HC(BOM) 173Smt. Deepa R. v. Rajiv Raghavan Pillai, 2026 LLBiz REAT (MH) 20Shri T. Kiran Kumar v. The Secretary, ORERA, 2026 LLBiz REAT (OD) 21Avtar Singh Guleria Versus Signature Infrabuild Private Limited, 2026 LLBiz RERA(HR) 62Col. Kanwar Ripu Sain Jaswal & Anr. v. M/s EMAAR India Ltd., 2026 LLBiz RERA(HR) 59Arpan Sarkar & Anr. v. Casa Grande Garden City Builders Pvt. Ltd., 2026 LLBiz RERA(KA) 61Promont...
Haryana RERA Orders Signature Infrabuild To Pay Interest For Delay In Affordable Housing Project
The Haryana Real Estate Regulatory Authority (HARERA) has recently directed Signature Infrabuild to pay interest to a homebuyer for delay in handing over possession of a flat in its Gurugram project, holding that the developer failed to meet the stipulated timeline and had not obtained the Occupation Certificate. A bench comprising Member Phool Singh Saini observed that the delay in offering possession amounted to a failure on the part of the promoter to fulfill its obligations. “The Authority...
OC Application Date, Not Issuance, Decides RERA Applicability: Karnataka RERA Dismisses Plea Against Pre-RERA Project
The Karnataka Real Estate Regulatory Authority has dismissed a complaint by the Promont Residents Welfare Association against Tata Housing Development Co. Ltd. and The Promont Hilltop Private Limited, holding that it did not have jurisdiction as the project did not fall within the ambit of the Real Estate (Regulation and Development) Act, 2016. A Bench of Chairman Rakesh Singh and Member G.R. Reddy recorded that the developers had applied for partial occupancy certificates on May 19, 2016 and...
Karnataka RERA Orders Casa Grande To Pay Interest For Delay Over Changing Clubhouse Without Homebuyers' Consent
The Karnataka Real Estate Regulatory Authority (KRERA) has recently held that Casa Grande Garden City Builders Pvt. Ltd. made an attempt to change the location of a promised clubhouse without the consent of homebuyers and was liable for delay in handing over possession, directing it to pay interest to Arpan Sarkar and Priya Sarkar. Chairman Rakesh Singh observed, “The Respondent in this case has made an attempt to change the location of the clubhouse without the consent of allottees. There are...
Haryana RERA Dismisses Compensation Plea, Says Allottee Continuing In Delayed Project Entitled Only To Interest
The Haryana Real Estate Regulatory Authority (HRERA) has recently refused to grant additional compensation to homebuyers who chose to remain in a delayed project, holding that once delayed possession interest has been awarded, no separate compensation can be claimed for the same delay. “When the complainants have already been allowed delayed possession compensation by the Authority for delay in handing over possession of allotted unit, there is no reason to allow separate compensation for same...
LiveLawBiz RERA Cases Quarterly Digest: January - March 2026
Amendment Proposal Introduced in Lok SabhaCentre Proposes Penalty Instead Of 1 Year Jail For Allottees Violating RERA Appellate Tribunal Orders The Jan Vishwas (Amendment of Provisions) Bill, 2026, has been introduced in the Lok Sabha as part of a broader legislative push to decriminalise offences and rationalise penalties across a range of laws. One of the changes relates to the Real Estate (Regulation and Development) Act, 2016. Section 68 of the Act currently allows for imprisonment of up to...
Odisha REAT Issues Document Checklist For Authorities To Determine Promoter Status Under RERA
The Odisha Real Estate Appellate Tribunal has set aside a 10 lakh penalty imposed on T. Kiran Kumar, holding that a person cannot be treated as a “promoter” under the real estate law without documentary evidence and directing the Authority to rely on specific records before fixing liability. A bench of Chairperson Justice P. Patnaik and members S.K. Rajguru and Dr. B.K. Das held that liability cannot rest solely on inspection reports. Referring to the absence of ownership records, development...
Mere OC Application Not Project Completion; No 'Zero Period' For Delay In Possession: Haryana REAT
The Haryana Real Estate Appellate Tribunal (HREAT) has recently held that mere application for an Occupation Certificate does not amount to completion of a project and that time taken by authorities to process such approval cannot be automatically treated as a “zero period” enabling developers to escape liability. Upholding a refund of Rs 79,31,700 payable with interest by Landmark Apartments Pvt. Ltd. to homebuyers Hari Ram and Nisha Gupta, the coram of Chairman Justice Rajan Gupta and...
Allottee 'Very Vulnerable', Can Withdraw Deposited Funds Despite Pre-Deposit Requirement: Bombay High Court
On 30 March, the Bombay High Court held that an allottee can withdraw amounts deposited by a developer during an appeal despite the statutory pre-deposit requirement under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 (RERA). Justice N.J. Jamadar dismissed Rare Township's (developer) appeals and upheld the Maharashtra Real Estate Appellate Tribunal's order allowing allottee Mitul Gada to withdraw Rs. 3,26,37,193 deposited by the developer. The Court observed: “The...
LiveLawBiz RERA Cases Monthly Digest: March 2026
Amendment Proposal Introduced in Lok SabhaCentre Proposes Penalty Instead Of 1 Year Jail For Allottees Violating RERA Appellate Tribunal Orders The Jan Vishwas (Amendment of Provisions) Bill, 2026, has been introduced in the Lok Sabha as part of a broader legislative push to decriminalise offences and rationalise penalties across a range of laws. One of the changes relates to the Real Estate (Regulation and Development) Act, 2016. Section 68 of the Act currently allows for imprisonment of up to...
Maharashtra REAT Rejects Plea For Promoter Substitution In Lapsed RERA Project; Fresh Registration Only Remedy
The Maharashtra Real Estate Appellate Tribunal (MahaREAT) has dismissed a plea seeking substitution of a promoter in a Goa-based real estate project, holding that such substitution cannot be permitted once the project's registration has expired and that the only remedy available is to seek fresh registration under the Act.A coram of Judicial Member Shriram R. Jagtap and Administrative Member Dr. Rajagopal Devara dismissed an appeal filed by Deepa R., proprietor of Engineers Club and purchaser of...
Bihar RERA Drops Suo Motu Case Against Developer; Finds No Advertisement Of Unregistered Project
The Bihar Real Estate Regulatory Authority has dropped suo motu proceedings against developer Kushika Tradserv Pvt Ltd in relation to its project “Basmati Vatika." The Authority held that the action, initiated under Sections 35 and 59 of the Real Estate (Regulation and Development) Act, 2016, could not be sustained, as no advertisement of the project was found. Inquiry Commissioner Sanjaya Kumar Singh directed the developer to apply for registration of the project. The Authority also...