Homebuyer Cannot Be Forced To Take Possession Of Unallotted Flat: Rajasthan REAT

The Rajasthan Real Estate Appellate Tribunal has held that a real estate developer cannot compel a homebuyer to take possession of a flat that was never allotted to him and cannot deduct administrative charges from a refund when no written Agreement for Sale exists. The tribunal allowed an appeal by a retiree homebuyer and directed the developer to refund the entire amount paid with interest within 45 days.A coram comprising Chairperson Justice Madan Gopal Vyas and Judicial Member Yudhisthir...

RERA Relief Does Not Bar Arbitration Protection: Delhi High Court Sets Aside Commercial Court's Order

The Delhi High Court has recently ruled that homebuyers and investors are not barred from seeking interim relief under Section 9 of the Arbitration and Conciliation Act of 1996, solely on the ground that they had already previously approached the Real Estate Regulatory Authority (RERA). A Division Bench of Justice Prathiba M. Singh and Justice Shail Jain on 24th December, 2025 noting that remedies under the RERA Act and the Arbitration Act are contemporaneous and not mutually exclusive,...

Punjab RERA Directs ATS to Refund ₹57 Lakh to Two Homebuyers In ATS Golf Meadows Life Style Project

The Punjab Real Estate Regulatory Authority (RERA) has ordered ATS Estates Private Limited and ATS Infrastructure Limited to refund a little over Rs 57 lakh to two homebuyers, after finding that the developer did not live up to its contractual promises concering the ATS Golf Meadows Lifestyle project in Mohali .The order was passed on December 2, 2025, by a coram headed by Chairman Rakesh Kumar Goyal. In the decision, the Authority observed that when a developer fails to hand over possession as...

RP Cannot Revisit Or Re-Decide RERA's Findings While Verifying Claims: NCLT Allahabad

The National Company Law Tribunal (NCLT), Allahabad Bench, has held that a Resolution Professional has no power to re-litigate or sit in judgment over findings recorded by a real estate regulator while verifying claims during insolvency proceedings. The tribunal ruled that where such findings are under challenge in appeal, the Resolution Professional is justified in treating the claim as “contingent” until the appellate authority finally decides the issue. A coram of Judicial Member Praveen...

Homebuyers Can Invoke IBC Against Developer Despite Pending RERA Case Over Project Delay: NCLT Kochi

The National Company Law Tribunal (NCLT) at Kochi has held that homebuyers are not barred from invoking insolvency proceedings merely because complaints over project delays are pending before the Real Estate Regulatory Authority (RERA, as long as financial default and distress are established under the Insolvency and Bankruptcy Code. Admitting a Section 7 application filed by 30 homebuyers representing 98 allottees of the Skywings Township project promoted by Alka Ventures, the tribunal...

UP REAT Orders Probe Into Planning Norm Violations By Greater Noida Authority In Godrej Golf Links Project

The Uttar Pradesh Real Estate Appellate Tribunal (UP REAT) has ordered a government probe into the role of the Greater Noida Industrial Development Authority in granting approvals for the Godrej Golf Links township in Greater Noida, holding that apparent violations of the planning scheme “call for inquiry/investigation as per law”.The tribunal directed the Principal Secretary, Housing and Urban Development, to examine whether the Recreational Entertainment Park scheme and building regulations...

Karnataka RERA Recalls Orders Transferring Decrees To Civil Courts Without Hearing Affected Parties

The Karnataka Real Estate Regulatory Authority (K-RERA) has recalled its own earlier orders permitting transfer of decrees to the civil court, holding that such orders were void for breach of natural justice and that decree holders must first seek execution before the Authority. A coram of Chairman Rakesh Singh and Member Gurijala Ravindranadha Reddy, in an order dated November 17, 2025, held that “failure to hear a necessary party renders the order void for violation of natural justice,” and...

Homebuyer Who Stayed In Delayed Real Estate Project Can Only Get Interest, Not Compensation: Punjab RERA

The Punjab Real Estate Regulatory Authority (RERA) recently held that a homebuyer who chooses to remain in a delayed housing project can only receive statutory interest for the period of delay and cannot seek compensation, rent or litigation expenses in addition. The Authority dismissed a complaint filed by homebuyer Vandana Negi seeking further relief against the residential project developed by Address Infrastructures Private Limited in Mohali, after finding that she had already availed the...

Handover of Maintenance To Owners' Association No Excuse To Evade Mandatory Insurance: Karnataka RERA

The Karnataka Real Estate Regulatory Authority (KarRERA) has recently ruled that builders cannot escape their statutory obligation to insure common areas of a housing project, even after handing over maintenance to an apartment owners' association. The authority said statutory insurance under Section 16 of the Real Estate (Regulation and Development) Act (RERA) is a binding requirement, not a formality.The ruling came in a dispute involving Sobha Limited and residents of the Sobha Arena...

UP RERA Issues Advisory After 129 Projects Enter Insolvency, Stops Hearing Homebuyer Complaints

The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has warned homebuyers that it can no longer hear or pursue any case linked to 129 real estate projects after 14 developers were pushed into insolvency proceedings before the NCLT between January 2024 and December 2025. The authority has told buyers that all grievances, including dues, rights and obligations, must now be taken only to the Insolvency Resolution Professionals (IRPs) appointed in each case. The advisory comes as Ansal...

Karnataka REAT Affirms RERA Order, Says No Grounds To Demolish Parts Of L&T Raintree Boulevard Project

The Karnataka Real Estate Appellate Tribunal (KREAT) has dismissed an appeal filed by homebuyers seeking demolition of parts of the L&T Realty Raintree Boulevard project, thereby affirming the Karnataka Real Estate Regulatory Authority's order in favour of L&T Realty Developers Limited. A coram of Judicial Member Justice Santhosh Kumar Shetty N and Administrative Member Mahendra Jain, on November 26, 2025, held that the allottees had “no legal foundation to challenge the decision and...

Himachal Drops Chief Justice From RERA Selection Panel as Assembly Clears Amendment Bill

The Himachal Pradesh Legislative Assembly has passed the Real Estate (Regulation and Development) Himachal Pradesh Amendment Bill, 2025, removing the Chief Justice of the Himachal Pradesh High Court from the committee that selects the Chairperson and Members of the state Real Estate Regulatory Authority (RERA) and placing the process under a committee headed by the Chief Secretary.Under the amended Section 22 of the parent Act, the selection panel will now comprise the Chief Secretary as...