RERA
Tamil Nadu REAT Upholds Refusal To Remove Sobha VP From RERA Complaint At Preliminary Stage
The Tamil Nadu Real Estate Appellate Tribunal has upheld the Tamil Nadu Real Estate Regulatory Authority's decision refusing to remove Sobha Limited Vice President Sabarinath K.N. from a complaint filed by the Sobha Westhill Owners Association over the Sobha Westhill residential project.A tribunal comprising Chairperson Justice M. Duraiswamy and Members K. Babu and Selvi Apoorva, I.A.S. (Retd.), dismissed Sabarinath K.N.'s appeal. It held that the issue of his liability cannot be decided at the...
Odisha REAT Sets Aside RERA's ₹7 Lakh Penalty Over Notice Served At Wrong Address
The Odisha Real Estate Appellate Tribunal (REAT) has ruled that an ex parte penalty imposed by the Odisha Real Estate Regulatory Authority (ORERA) cannot be sustained where notice was served at the wrong address. It consequently set aside a ₹7 lakh penalty imposed on Bhawani Construction Pvt. Ltd. A Bench of Chairperson Justice P. Patnaik and Members S.K. Rajguru and Dr. B.K. Das held that the company had been denied a reasonable opportunity to be heard because ORERA had issued notice to an...
Rural Project Promoters Cannot Avoid RERA Merely By Relying On Pre-RERA Sale Deeds: Odisha REAT
The Odisha Real Estate Appellate Tribunal (REAT) on 6 July held that execution of sale deeds before the Real Estate (Regulation and Development) Act, 2016 (RERA) came into force does not conclusively establish completion of a project, and a promoter cannot claim exemption from RERA merely on that basis. A Bench comprising Members S.K. Rajguru and Dr. B.K. Das dismissed an appeal filed by Reeta Structurals Pvt. Ltd. and its directors against an Odisha Real Estate Regulatory Authority (ORERA)...
Karnataka High Court Upholds ₹1.77 Lakh Refund, Says Developer Failed To Establish RERA Exemption Claim
The Karnataka High Court has upheld an order directing a Bengaluru-based real estate developer and its promoter to refund about ₹1.77 lakh with interest to homebuyers. It found that the project, which remained unregistered under the Real Estate (Regulation and Development) Act, 2016, could not claim exemption from registration without demonstrating compliance with the statutory requirements.A division bench of Justice Jayant Banerji and Justice Tara Vitasta Ganju observed:“It is the mandate of...
Registered Conveyance Deed Does Not Constitute Lawful Possession Without Completion Approval: Haryana RERA
The Haryana Real Estate Regulatory Authority (HRERA) has recently ruled that execution of a registered conveyance deed does not amount to lawful delivery of possession where the promoter has not obtained the statutory approvals required to make the property legally usable. It ruled that merely transferring title does not absolve a builder of liability for delayed possession. The ruling was delivered by Member Dr. Geeta Rathee Singh while allowing four complaints filed by homebuyer Gaurav...
Mental Agony Compensation Under RERA Must Be Based On Actual Hardship: Karnataka REAT
The Karnataka Real Estate Appellate Tribunal (KREAT) on 8 July held that compensation for mental agony under the Real Estate (Regulation and Development) Act, 2016 cannot be awarded mechanically and must depend on factors such as the period of delay, financial burden on the allottee, promoter's conduct and the actual hardship suffered. Chairperson Justice J.M. Khazi and Judicial Member Santhosh Kumar Shetty N partly allowed Adarsh Nivaas Private Limited's appeal and reduced the compensation for...
Civil Remedies Under Real Estate Act Do Not Bar Criminal Action Against Builders: Bihar RERA
The Bihar Real Estate Regulatory Authority (RERA) on 25 June held that remedies under the Real Estate (Regulation and Development) Act, 2016 do not prevent a homebuyer from pursuing criminal action where the facts disclose the ingredients of a cognizable offence. Chairman Vivek Kumar Singh directed issuance of a Public Demand Recovery Certificate to recover Rs. 11.20 lakh along with applicable interest in execution proceedings initiated by Malvika Singh against Bhootesh Construction Pvt. Ltd....
Bombay High Court Issues Contempt Notices To Mumbai Collector Tahsildar Over MahaRERA Recovery Warrants
The Bombay High Court on 10 July initiated contempt proceedings against the Collector of Mumbai and Tahsildar Dilip Rayannavar after finding prima facie non-compliance with its directions on execution of Maharashtra Real Estate Regulatory Authority (MahaRERA) recovery warrants. A Division Bench of Justices A. S. Gadkari and Kamal Khata issued show-cause notices under the Contempt of Courts Act, 1971, holding that the Collector failed to comply with the direction to file a personal...
LiveLawBiz RERA Cases Weekly Digest: July 6 - July 11, 2026
NOMINAL INDEXIbrahim Babubhai Chokiya & Ors. v. M/s Westinrely Developers Pvt. Ltd. & Ors., 2026 LLBiz HC(BOM) 377M.P. Real Estate Regulatory Authority v. Shankar Ji Maharaj Trust, 2026 LLBiz HC(MP) 51St. Patricks Realty Private Limited v. Neha Prasad & Ors. and Connected Appeals, 2026 LLBiz REAT(HR) 42Gurcharan Kaur & Another v. Dheeraj Sharma, 2026 LLBiz RERA(PB) 115Anish Charudatta Galgate & Anr. v. Rejoice Homes LLP & Ors., 2026 LLBiz RERA(MH) 116High CourtsBombay...
Housing Society Member Seeking Additional Area In Redevelopment Is Not RERA Allottee: Bombay High Court
The Bombay High Court has recently ruled that original members of a housing society who sought additional area in a redevelopment project on payment did not become "allottees" under the Real Estate (Regulation and Development) Act, 2016 (RERA) merely because they soufght excess area. It restored a civil suit filed by members of a Goregaon housing society after holding that the grievances raised in the plaint, including allegations of fraudulent allotment, suppression of sanctioned plans and...
RERA Cannot Treat Temple Deity and Registered Trust As Separate Entities: Madhya Pradesh High Court
The Madhya Pradesh High Court has upheld an order directing registration of a residential-cum-commercial project proposed by Shankar Ji Maharaj Trust after ruling that the Real Estate Regulatory Authority (RERA) could not reject the application by treating the temple deity and the registered public trust managing the temple's affairs as separate entities. A division bench of acting Chief Justice Vivek Rusia and Justice Pradeep Mittal upheld the Madhya Pradesh Real Estate Appellate Tribunal's...
Routine Business, Approval Delays Not Force Majeure For Delayed Home Possession: Maharashtra RERA
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has recently ruled that a promoter cannot justify delaying possession of a home by citing routine business and regulatory issues. These include labour shortages, supply chain disruptions during the COVID-19 pandemic, revised building plans, additional FSI, suspension of FSI/TDR approvals, and proposed road widening. Partly allowing a complaint by two Pune homebuyers, the Authority directed Rejoice Homes LLP and its co-promoters to pay...