RERA
'Why Create Tribunals When You Don't Want To Continue Them?': Gujarat HC Raps State Govt Over Vacant Posts In GujRERA
The Gujarat High Court on Friday came down heavily on the state government over its failure to fill up the vacant posts of the members of the Gujarat Real Estate Regulatory Authority and Chairperson and technical members of the GujRERA Appellate Tribunal. "Why do you create these tribunals, when you don't want to continue them? You want to frustrate this Act itself. You are acting against your own interest. We will call upon a senior officer. Now, this is enough," Chief Justice Sunita...
Proper System Available To Redress Grievances Of Home Buyer, Not Bank’s Responsibility To Get Project Completed: Delhi High Court
The Delhi High Court has said that banks cannot be loaded with the responsibility of getting the real estate projects completed and they cannot assume the role of a builder to complete the project.The division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that banks "can only give a red flag" to the borrower for misutilization of funds by the builder, and it is for the lenders to take appropriate legal action by approaching the civil forum to ensure that the...
Supreme Court Asks States To Submit Suggestions For Model Builder-Buyer Agreement With Mandatory RERA Clauses
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha asked states to submit suggestions to the Union Ministry of Housing and Urban Affairs on the model builder-buyer agreement with the mandatory provisions of the Real Estate (Regulation and Development) Act 2016 (RERA Act). At the outset, amicus curiae Advocate Devashish Bharuka submitted that in terms of the last order, the court had asked to at least frame Part A of the model agreement, which was to have...
Karnataka RERA Has No Authority Over Projects Granted 'Partial' Occupancy Certificate Prior To Enforcement Of Act: High Court
The Karnataka High Court has set aside an order passed by the Karnataka Real Estate Regulatory Authority, directing M/S. Provident Housing Limited to refund an amount to an apartment purchaser, who filed a complaint with the Authority seeking refund after willingly withdrawing from the contract for sale and accepting the refund amount. The project had received partial occupancy certificate before the enactment of Real Estate (Regulation and Development Act), 2016. A single judge bench...
Relief For Saif Ali Khan: Maharashtra RERA Directs Developer To Hand Over Two Properties With Interest For Delayed Possession
The Maharashtra Real Estate Regulatory Authority (MahaRERA) in Mumbai directed Orbit Enterprises to hand over possession of two units at BKC, Mumbai, to actor Saif Ali Khan along with interest for four years, till 2021, under Section 18 of RERA Act. Member Mahesh Pathak of RERA also directed Khan to pay the final instalment of the two units worth Rs. 14,43,81,800 and Rs 10,90,20,800 respectively along with interest from 2021, as the builder intimated him about the ready flats then. ...
Centre Proposes To Submit Model Builder-Buyer Agreement With Mandatory RERA Clauses Before Supreme Court
The Central Government has proposed to submit before the Supreme Court a model builder-buyer agreement with mandatory clauses which cannot be altered by the States or the Union Territories.Additional Solicitor General Aiswharya Bhati and amicus curiae Devashish Bharuka submitted before the Court that the model agreement will have Part A which will have core clauses with the mandatory provisions of the Real Estate (Regulation and Development) Act 2016 for the protection of the home buyers and...
Model Builder-Buyer Agreement: Supreme Court Asks Amicus & Centre To Provide A Roadmap
In a plea seeking direction to the Centre to frame model builder-buyer and agent-buyer agreements to ensure uniformity, the Supreme Court, on Friday, asked the Amicus Curiae and Additional Solicitor General, Ms. Aishwarya Bhati appearing on behalf of the Ministry of Housing and Urban Affairs, Govt. of India (Ministry), to provide a roadmap to the future, so that it can pass some comprehensive directions. The Apex Court noted that the said road map would assist it in formulating a feasible...
Windfall Deemed Conveyance Of Cooperative Societies In A Special Drive That Benefitted Common Mumbaikers In Maharashtra
Many Lawyers and Law firms secured Deemed Conveyance for their Client Societies in the last few months. This was in a special drive to benefit societies initiated by Government of Maharashtra. Adv Ameet Mehta, Managing Partner of Solicis Lex Advisory while speaking to Live Law stated that ''The provision of Deemed Conveyance enables societies to get the legal title and ownership of land, its balance FSI, Development Rights and subsequently make entries in the Government records. It...
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...
Model Builder-Buyer Agreement : Supreme Court Asks States/UT's To Share Information Sought By Ministry Of Housing
On a plea seeking a direction to the Center to frame model builder-buyer and agent-buyer agreements to ensure uniformity across the country, the Supreme Court on Monday directed the Chief Secretaries of States Union Territories to circulate the information sought by the the Secretary Ministry of Housing and Urban Affairs by May 15, 2022. The bench of Justices DY Chandrachud and Surya Kant in their order noted that only 5 states had responded to the communication dated March 2, 2022...
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,...