RERA
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,...
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...
