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...

Important Supreme Court Judgments: November 2020

The Supreme Court of India has pronounced numerous judgments in the month of November, 2020. In this write-up, the important pronouncements are briefly discussed. Arnab Manoranjan Goswami v. State of Maharashtra, Criminal Appeal No. 742 of 2020 (Decidedon 27/11/2020). A Bench of Justices Dr DY Chandrachud and Indira Banerjee summarized the factors which the High Courts must take into account while considering an application for the grant of bail under Article 226, which are, the...

RERA Does Not Bar Consumer Fora From Entertaining Complaints By Allottee, Reiterates Supreme Court

The Supreme Court has reiterated that Section 79 of the RERA Act does not bar the Consumer fora from entertaining complaint on behalf of an allottee.In this case, the issue before the Delhi High Court was whether the proceedings under the Consumer Protection Act, 1986 can be commenced by home buyers (or allottees of properties in proposed real estate development projects) against developers, after the commencement of the Real Estate (Development and Regulation) Act, 2016. The High Court...

Entitlement Of Homebuyer Starts From Date Of Agreement And Not RERA Registration: Supreme Court [Read Judgment]

The Supreme Court has held that period for allotment of flat to a homebuyer has to be reckoned from the date of the buyer agreement and not from the date of the registration of the project under the Real Estate Regulation and Development Act (RERA Act).A division bench comprising Justices UU Lalit and Vineet Saran made this observation in the judgment in the case M/s Imperia Structures Ltd vs Anil Patni and another.The Builder Buyer Agreement in the case was executed on November 30, 2013. The...

Relief Under RERA In Rajasthan– Real Or Illusory

After the enactment and implementation of the Real Estate (Regulation and Development) Act, 2016, the stakeholders in the real estate sector in Rajasthan have not been able to reap the benefits of the Act. Various rights conferred on both the promoters and buyers still remain on paper and very little progress can be seen on the ground in the working of the Act. The Real Estate Act of 2016 was enacted by the Parliament at the time when several issues like inordinate delay in completion...

Threshold Requirement Brought So That Other Homebuyers & Creditors Are Not Hurt: Centre Defends IBC Amendment Act 2020

The Supreme Court on Thursday heard the Centre in a batch of petitions challenging the constitutional validity of conditions introduced by the Insolvency and Bankruptcy Code (Amendment) Act, 2020, on the homebuyers' right to file insolvency petitions against defaulting builders. A Bench of Justices R. F. Nariman, Navin Sinha and K. M. Joseph heard arguments advanced by Additional Solicitor General Madhavi Diwan.The petitions challenge Section 3 of the Insolvency and Bankruptcy Code...