RERA
Kerala High Court To Examine K-RERA Order Requiring Registration Of Certain Projects Under 500 Sq. Metres
The Kerala High Court recently (June 22) admitted a writ petition challenging a Kerala Real Estate Regulatory Authority (K-RERA) order requiring registration of projects built on less than 500 square metres of land if they comprise more than eight units. The matter came up before Justice Gopinath P. The court admitted the petition and granted K-RERA time to obtain instructions. Greha Homes Pvt. Ltd., the petitioner, contends that its "Greha Five Elements" project, comprising 14 apartment...
RERA Registration Revocation Not A Panacea For Non-Compliance With Project Completion Orders: Bombay High Court
The Bombay High Court has held that the liberty granted to homebuyers to seek revocation of a project's registration does not foreclose their right to execute an order directing completion of the project through other modes available in law. Justice N.J. Jamadar delivered the ruling while allowing appeals filed by several allottees of the stalled "Shri Vallabh Residency" project in Kandivali (West), Mumbai. The court set aside a Maharashtra Real Estate Appellate Tribunal (MahaREAT) order...
Virtual Office Spaces Treated As Intangible Property, Fall Outside RERA's Scope: Uttar Pradesh REAT
The Uttar Pradesh Real Estate Appellate Tribunal has held that non-lockable or virtual office spaces fall outside the ambit of the Real Estate (Regulation and Development) Act, 2016. It ruled that the law governs physical real estate units and does not cover such intangible investment interests. The tribunal consequently set aside U.P. RERA's directions requiring Bhutani Group to execute conveyance deeds, hand over possession and pay delay interest. The ruling was delivered by a tribunal...
Refund Under Section 18 Limited to Sale Consideration, Not Statutory Charges: Maharashtra RERA
The Maharashtra Real Estate Regulatory Authority (MahaRERA) on 15 June, held that a homebuyer's right to refund under Section 18 of the Real Estate (Regulation and Development) Act, 2016 extends only to the amount paid towards the sale consideration of the unit and does not include stamp duty, registration charges or taxes paid to the Government. A Bench of Member Ravindra Deshpande allowed a complaint filed by allottees in the “Tycoons Square Avenue I Tower C” project against Tycoons Avanti...
RERA Redevelopment Registration Exemption Applies Only If Original Project Didn't Need Registration: Kerala High Court
The Kerala High Court has held that the exemption from registration available for renovation, repair or redevelopment projects under the Real Estate (Regulation and Development) Act, 2016 cannot be claimed where the original project itself was required to be registered under the law. Dismissing a batch of writ petitions filed by the Army Welfare Housing Organisation (AWHO) and its Project Director, the court upheld interim orders of the Kerala Real Estate Regulatory Authority (K-RERA). The...
RERA Cannot Demand 25-Year-Old Cooperative Society Records For Project Registration: Madhya Pradesh High Court
The Madhya Pradesh High Court recently has held that MP-RERA could not reject a real estate project registration application for non-production of a cooperative society's 25-year-old internal records when registered title documents and revenue records had already been produced. A division bench of Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal dismissed MP-RERA's appeal and upheld an earlier order directing the authority to process the registration application filed by Shri Ji...
TDR From Reserved Land Cannot Defeat Deemed Conveyance Rights Of Societies: Bombay High Court
On 18 June, the Bombay High Court upheld the grant of deemed conveyance in favour of three housing societies in Mumbai, holding that compensation or Transferable Development Rights (TDR) arising from acquisition of land reserved for a municipal market and a primary school cannot be treated as development potential of a residential layout so as to delay conveyance. Justice Sandeep V. Marne partly allowed a writ petition filed by Kiran Builders Pvt. Ltd. challenging the deemed conveyance order,...
Rajasthan RERA Orders Forensic Audit Of Avalon Royal Park Project, Says IBC Moratorium Not A Bar
The Rajasthan Real Estate Regulatory Authority (RERA) has ordered a forensic audit of the Avalon Royal Park housing project in Bhiwadi after finding significant inconsistencies in the developer's financial disclosures. It also noted a substantial gap between the expenditure claimed and the physical progress achieved at the project. Chairperson Veenu Gupta held that the audit could proceed despite insolvency proceedings against the developer. The authority ruled that the exercise would be...
LiveLawBiz RERA Cases Weekly Digest: June 15 - June 21, 2026
Bombay High CourtBombay High Court Says Homebuyers Retain Right To Delay Interest Despite Staying With ProjectCase Title : CCI Projects Private Limited v. Rajesh Kumar Chaudhary & Ors.Case Number : Second Appeal No. 479 of 2021Citation: 2026 LLBiz HC (BOM) 349The Bombay High Court has held that homebuyers who continue with a housing project despite delayed possession do not lose their statutory right to claim interest for the delay.Justice Sharmila U. Deshmukh dismissed an appeal filed...
Bombay High Court Says Homebuyers Retain Right To Delay Interest Despite Staying With Project
The Bombay High Court has held that homebuyers who continue with a housing project despite delayed possession do not lose their statutory right to claim interest for the delay. Justice Sharmila U. Deshmukh dismissed an appeal filed by CCI Projects Private Limited and upheld a Maharashtra Real Estate Appellate Tribunal order directing the developer to pay interest to purchasers of an apartment in the Wintergreen building of its Rivali Park project in Mumbai. “The unqualified absolute right of...
Settlement Talks, Vague Legal Advice Can't Justify 299-Day Delay In Filing Appeal: Maharashtra REAT
The Maharashtra Real Estate Appellate Tribunal (REAT) has refused to condone a 299-day delay in an appeal filed by a homebuyer against Acme Industries Private Limited. The tribunal held that claims of settlement talks, conflicting legal advice, and a family bereavement were not enough to justify such a prolonged delay. A coram of Chairperson S.S. Shinde and Member Dr. Rajagopal Devara observed: "The Applicant has neither disclosed the particulars of the alleged advice nor placed any material...
Promoter Holds Homebuyers' Funds In Trust, Cannot Retain Common Assets After Handover: K-RERA
The Karnataka Real Estate Regulatory Authority (K-RERA) on 3 June held that a promoter holds money collected from homebuyers in trust and cannot use it for construction activities or personal purposes and that a promoter's obligation to transfer common areas, project assets and funds to the association of allottees continues even after handing over possession. Chairman Rakesh Singh and Member G.R. Reddy directed Smart Value Homes Private Limited and Tata Value Homes Limited to restore DG-set...