RERA
Calcutta High Court Directs WB Chief Secretary To Give Timeline For Filling RERA, REAT Vacancies
On Tuesday, 15 September, the Calcutta High Court directed the West Bengal Chief Secretary's office to specify a timeline for filling vacancies in the West Bengal Real Estate Appellate Tribunal (REAT) and the West Bengal Real Estate Regulatory Authority (WBRERA). A Division Bench comprising Justices Arijit Banerjee and Reetobroto Kumar Mitra directed the Chief Secretary's office to file a report indicating the status of appointments to the posts of REAT Chairperson and Judicial Member and a...
Telangana REAT Upholds ₹27.5 Lakh Penalty Over Extra Clubhouse Floor, Revised Plan
The Telangana Real Estate Appellate Tribunal (REAT) has upheld a ₹27.50 lakh penalty imposed on Trendset Jayabheri Projects LLP for constructing an additional floor in the clubhouse without obtaining the consent of two-thirds of the allottees and failing to upload the revised building plan on the RERA website.A bench comprising Chairperson Justice A. Santhosh Reddy, Judicial Member P. Pradeep Kumar Reddy, and Administrative Member Vemula Sreekar dismissed the appeal filed by the promoter and two...
Co-op Society Without Land Or Layout For Real Estate Project Not Promoter Under RERA: Karnataka REAT
The Karnataka Real Estate Appellate Tribunal (REAT) has held that a housing co-operative society that had not acquired any land for development and had no project in existence could not be treated as a “Promoter” under RERA. A complaint seeking relief under the Act was therefore not maintainable before Karnataka RERA.A Bench of Chairperson Justice J.M. Khazi and Judicial Member Santhosh Kumar Shetty N. made the observation while dismissing an appeal against the BSNL Employees Welfare House...
Builder Cannot Compel Registration Of Time-Barred Agreement For Sale: Karnataka REAT
The Karnataka Real Estate Appellate Tribunal has held that a promoter cannot require the Sub-Registrar to register an Agreement for Sale presented beyond the four-month period prescribed under Section 23 of the Registration Act, 1908.A Bench of Chairperson Justice J.M. Khazi and Judicial Member Santhosh Kumar Shetty N observed, “in view of the statutory bar contained in section 23 of the Registration Act, the Promoter cannot compel the Sub-Registrar to register an Agreement to Sell if it is...
Telangana REAT Says Promoter Cannot Alter Possession Date, Dismisses 31 Appeals By Vasavi Realtors
The Telangana Real Estate Appellate Tribunal (REAT) on 9 September held that extension of a real estate project's registration does not automatically extend the possession timeline agreed with homebuyers, and a promoter cannot unilaterally alter the contractual possession date without their consent. A Bench comprising Chairperson Justice A. Santhosh Reddy, Judicial Member P. Pradeep Kumar Reddy and Administrative Member Vemula Sreekar dismissed 31 appeals filed by Vasavi Realtors LLP against...
Builder Can't Terminate Allotment For Non-Payment Without Executing Agreement For Sale: MahaREAT
The Maharashtra Real Estate Appellate Tribunal (MHREAT) on 7 September held that a builder cannot accept more than 10% of the consideration for a flat without first executing and registering an Agreement for Sale under Section 13 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act). A Bench comprising Chairperson Justice S.S. Shinde and Member Shrikant M. Deshpande further held that a builder cannot terminate a homebuyer's allotment for non-payment when the builder itself has...
MHREAT Rejects Homebuyers' Plea To Condon 266-Day Delay, Says Litigant Can't Blame Advocate Entirely
The Maharashtra Real Estate Appellate Tribunal (MHREAT) on 10 September dismissed a homebuyers' application seeking condonation of a 266-day delay in filing an appeal against a MahaRERA order concerning a flat purchased from Larsen & Toubro. A Bench comprising Chairperson Justice S.S. Shinde and Member Shrikant M. Deshpande observed that a litigant cannot seek condonation of delay by placing the entire blame on their advocate. Further, that negligence, inaction or lack of due diligence...
Standard-Form Agreement For Sale Cannot Waive Homebuyers' Right To Delay Interest: Karnataka RERA
The Karnataka Real Estate Regulatory Authority (K-RERA) has held that homebuyers do not lose their statutory right to compensation for delayed possession merely because they signed a standard-form Agreement for Sale. It found that such contractual terms cannot defeat statutory protection where buyers had no real or effective opportunity to negotiate or alter them. Chairman Rakesh Singh observed that "the Allottees, having entered into a standard-form Agreement for Sale prepared by the...
Bombay High Court Leaves Challenge To Goa RERA Enforcement Rule Open, Dismisses Sunstar Homes' Pleas
The Bombay High Court at Goa has declined to decide Sunstar Homes' challenge to the validity of Rule 4 of the Goa Real Estate (Regulation and Development) Rules, 2017. It found that the question had become academic in the facts of the case.“Though the vires of the provisions of Rule 4 has been challenged before us, in the aforementioned scenario, where the decree has partly been executed, and the proceedings pending under the Land Revenue Code are well within the powers of the Revenue...
LiveLawBiz RERA Cases Weekly Digest: September 7 - September 12, 2026
NOMINAL INDEXFortune Resources and Properties LLP v. M/s Y.P. Goel and Associates & Anr., 2026 LLBiz HC(CHH) 25 Balaji Infracare Pvt. Ltd. Thru. Authorized Representative Omkar Nath Maheshwari v. Vikas Sharma, 2026 LLBiz HC(ALL) 73 Shri Kishore Roy Acharjee & Ors. v. State of Tripura & Ors., 2026 LLBiz HC(TRI) 7 Mrs. Urmila Kumari Kadam v. M/s Y. B. Builders Pvt. Ltd. & Anr., 2026 LLBiz REAT(HR) 62 Parshvadhara Complex ABCD Co-operative Housing Society Ltd. v. M/s Parshwanath...
Lack Of Written Allotment Or Agreement Itself Cannot Oust RERA Jurisdiction: Chhattisgarh High Court
The Chhattisgarh High Court has held that the absence of a written allotment document or agreement does not, by itself, oust the jurisdiction of the Real Estate Regulatory Authority (RERA) over a complaint concerning an alleged real estate transaction.A Division Bench of Justice Parth Prateem Sahu and Justice Sachin Singh Rajput observed, “The word “aggrieved person” used under Section 31 of the Act, 2016 and under Rule 35 of the Rules, 2017, who can file complaint is very wide, therefore, only...
Substantial Question Of Law Essential For Appeal Under RERA Act: Allahabad High Court
The Allahabad High Court has held that an appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 is maintainable only where a substantial question of law arises, and that an order by which the Appellate Tribunal remands a matter to the Regulatory Authority, without finally determining the rights of either party, gives rise to no such question. Section 58 of the Real Estate (Regulation and Development) Act, 2016 permits a person aggrieved by a decision or...