RERA
PIL Alleges Assam RERA Not Functioning As Per Law: Gauhati High Court Issues Notice To Authority, Its Chairman
Dealing with a Public Interest Litigation (PIL) plea raising the issue that Assam Real Estate Regulatory Authority (Assam RERA), is not functioning in accordance with law, the Gauhati High Court issued the notice to the Authority and its chairman.The Bench of Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia was dealing with a PIL moved by Anita Verma submitting that the Authority, which is a statutory authority created under the Real Estate (Regulation and Development) Act, 2016 is not...
Robust Regulatory Mechanism & Draft Agreement Already Prescribed Under RERA: Centre Tells Supreme Court In Plea Seeking Model Builder Buyer Agreement
Responding to a plea seeking a model builder buyer agreement, the Central Government has submitted before the Supreme Court that a robust regulatory mechanism and draft 'agreement for sale" has already been prescribed under the provisions of RERA [Real Estate (Regulation and Development) Act].According to Centre, the mechanism prescribed under RERA seeks to balance the rights and interest of homebuyers and promoters in an accountable and transparent manner.The submission has been made...
Delhi Real Estate Appellate Tribunal Stays All Construction Activities In City Undertaken Without Registration Of RERA Till Project Registration
The Delhi Real Estate Appellate Tribunal has stayed all the construction activities, including residential and commercial activities, in the national capital that are undertaken without registration of the Real Estate Regulatory Authority (RERA) till the project is registered with the authority. The Tribunal was dealing with the suo moto proceedings initiated by it for ensuring strict compliance of the provisions of the Real Estate (Regulation and Development) Act, 2016 regarding prior...
RERA - Regulatory Authority Has Exclusive Jurisdiction To Direct Refund To Allottee; Adjudicating Officer Has Power To Determine Compensation : Supreme Court
The Supreme Court in its judgment delivered on Thursday (11th November) had, inter alia, held that the regulatory authority has exclusive jurisdiction to direct refund of the amount, and interest on the refund amount, or directing payment of interest for delayed delivery of possession, or penalty and interest thereon, to the allottee; whereas the adjudication for determining compensation and interest thereon is with the adjudicating authority. A Bench comprising...
BREAKING : Supreme Court Upholds Application Of RERA To Real Estate Projects Ongoing At Act's Commencement
The Supreme Court on Friday upheld the retroactive application of the Real Estate(Regulation and Development) Act, 2016 to the real estate projects which were ongoing at the commencement of the Act.The bench comprising Justices Uday Umesh Lalit, Ajay Rastogi and Aniruddha Bose observed that the RERA Act does not apply to the projects already completed or to which the completion certificate has been granted at the commencement of the Act. The court rejected the contentions raised by...
'An Important Issue Of Consumer Protection': Supreme Court Emphasise On The Need To Frame Model Builder-Buyer Agreement Under RERA, Asks ASG To Assist The Court
Noting that it is a "very important issue of public interest", the Supreme Court on Monday asked ASG K. M. Nataraj to assist the Court on the issue of the need for the framing of a model agreement for builder-buyers under the RERA.The bench of Justices D. Y. Chandrachud and A. S. Bopanna was hearing a string of petitions under Article 32 raising the grievances of flat-purchasers that in the absence of uniform Builder-Buyer and Agent-Buyer Agreements, the purchasers are left to the mercy of...
"Due To DM's Inaction Unavoidable RERA Cases Coming To Court": Allahabad HC Seeks GB Nagar DM Suhas LY's Personal Presence
The Allahabad High Court on Monday sought the personal presence of the District Magistrate of Gautam Budh Nagar, Suhas LY while observing that due to his inaction 'unavoidable' RERA cases were coming to the Court.The Bench of Acting Chief Justice (ACJ) Munishwar Nath Bhandari, and Justice Piyush Agrawal has asked him to remain presentbefore the Court on October 4, 2021, to explain his inaction in reference to the recovery certificate issued by RERA Authority in several cases. The Court was...
Whether RERA Is Authorised To Prefer Appeal To HC Against Decision Of Appellate Tribunal?: Supreme Court To Consider
The Supreme Court on Friday agreed to consider the question of law whether the scheme of the RERA Act envisages the Authority, RERA, as being empowered or authorised to prefer an appeal before the High Court against a decision passed by the Appellate Tribunal.The bench of Justices Abdul Nazeer and Krishna Murari was hearing an SLP by Satyam Infracon against a March order of the Gujarat High Court holding that the Gujarat RERA would be included in the definition of 'Person' on a conjoint reading...
Breaking: "Encroachment Of State Legislature Upon The Domain Of Parliament": Supreme Court Strikes Down West Bengal Housing Industry Regulation Act
The Supreme Court on Tuesday struck down the West Bengal Housing Industry Regulation Act, 2017( WBHIRA), holding it to be unconstitutional in view of the 2017 Real Estate (Regulation and Development) Act (RERA) which is the central legislation on the identical subject-matter.However, with a view to prevent any chaos in the real estate industry in the state, the Court in exercise of its powers under Article 142, clarified that all sanctions and registrations previously granted under the HIRA...
RERA: Safeguarding Buyers At The Crack Of The Dawn
Real estate sector has been one of the largest contributor towards the country's economic growth, yet, until a few years back it was highly risky and unregulated. The Government of India has brought about several reforms to regulate the realty sector. One major reform and the most celebrated was the enactment of 'The Real Estate (Regulation and Development) Act, 2016' (the 'RERA') with the intent to protect the interest of buyers and boost investor confidence. RERA regulates residential...
Inappropriate To Entertain Art. 32 Plea By Homebuyers Against Developers: Supreme Courts Points To Provisions In CPA, RERA, IBC, Criminal Law
The Supreme Court on Thursday declared that proceedings under Article 32 of the Constitution by a purchaser, seeking relief in respect of a real estate project, cannot be entertained. The bench of Justices D. Y. Chandrachud and M. R. Shah was considering a writ petition by one of the home-buyers in respect of a real estate project called "Sushant Megapolis" in Bulandshahar. The primary relief which had been sought was (i) cancellation of all the agreements; (ii) refund of money...