RERA Appeal Remedy Cannot Be Bypassed To Avoid Pre-Deposit Requirement: Punjab and Haryana High Court

The Punjab and Haryana High Court recently refused to entertain a real estate developer's challenge to a Haryana RERA refund order, holding that a promoter/developer cannot bypass the statutory appellate remedy merely to avoid the pre-deposit requirement. A Division Bench of Justice Suvir Sehgal and Justice Vikas Suri was hearing a petition filed by Advance India Projects Limited against a Haryana Real Estate Regulatory Authority order directing it to refund over ₹1.02 crore to two allottees in...

Plot Seller With Development Obligations May Fall Within RERA Promoter Definition: Chhattisgarh High Court

The Chhattisgarh High Court has recently held that a company that agrees to develop land, obtain statutory approvals, and secure RERA registration before selling plots could prima facie be treated as a promoter under the real estate law. A Division Bench of Justice Parth Prateem Sahu and Justice Sachin Singh Rajput dismissed an appeal filed by Admire Infrazone Pvt. Ltd. against a Chhattisgarh Real Estate Appellate Tribunal order remanding a plot buyer's complaint to RERA for fresh adjudication....

Delhi HC Upholds ₹18 Lakh Refund To Homebuyers, Says Builder Coerced Buyers Into Full And Final Settlement

The Delhi High Court has upheld a trial court decree directing R. C. Sood & Co. Developers Pvt. Ltd. to refund ₹18 lakh to Sharad Maheshwari and Vandana Maheshwari. The court found that the developer had illegally cancelled their villa allotment and effectively coerced them into accepting a purported “full and final settlement.” Justice Neena Bansal Krishna dismissed the developer's appeal. She observed that settlements extracted without free consent cannot extinguish a buyer's claim. “It...

LiveLawBiz RERA Cases Weekly Digest: April 20- April 25, 2026

Nominal IndexSanroyal Builders and Contractors Pvt Ltd & Anr v. Divya Balu, 2026 LLBiz HC(KER) 67Vandana Parvez v. IVR Hotels and Resorts Ltd & Ors., 2026 LLBiz HC (MAD) 104Nidhi Sao v. Greenearth Infraventures Private Limited, 2026 LLBiz HC (CHH) 10M/s Sai Enterprises v. Sangeeta Ravi Punjabi & Ors., 2026 LLBiz HC (BOM) 232Soumya Ranjan Jena v. Priyata Lipsa & Ors., 2026 LLBiz REAT (OD) 25Kamlesh Valji Balsara & Anr. v. M/s Shree Siddhivinayak Infrastructure and Realty &...

Homebuyer Labelled As 'Investor' To Undermine Rights: Bombay High Court Dismisses Developer Appeal

The Bombay High Court has dismissed a developer's second appeal, holding that it could not justify cancelling a flat allotment and pushing the homebuyer toward a refund by treating her as an "investor" instead of honoring the allotment. The court found that, in this case, calling the buyer an “investor” was not an innocent choice of words. She had already paid 30% of the price for a clearly identified flat. Describing her as an investor was a way to deny her the apartment and steer her toward a...

Limitation Act Not Applicable To Homebuyer Complaints Before RERA: Chhattisgarh High Court

The High Court of Chhattisgarh has recently held that complaints filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016, before the Real Estate Regulatory Authority (RERA) or its Adjudicating Officer are not subject to the three-year limitation period prescribed under Article 137 of the Limitation Act, 1963. Setting aside a tribunal's suo motu order that had dismissed a homebuyer, Nidhi Sao's complaint as time-barred, the court remanded the matter for fresh...

RERA Orders Not Civil Decrees, Recoverable As Arrears Of Land Revenue: Kerala High Court

The Kerala High Court has held that amounts awarded by the Real Estate Regulatory Authority (RERA) can be recovered as arrears of land revenue under the Real Estate (Regulation and Development) Act, 2016, and that such orders do not amount to “decrees” requiring execution through civil courts. By dismissing an appeal moved by Sanroyal Builders and Contractors Pvt. Ltd. and its managing director against homebuyer Divya Balu, the Court has effectively allowed the recovery process under the RERA...

LiveLawBiz RERA Cases Weekly Digest: April 5- April 11, 2026

Nominal IndexGera Developers Private Limited v. State of Maharashtra & Ors., 2026 LLBiz HC (BOM) 184Pristine Estates Villa Owners Maintenance Mutually Aided Co-operative Society Ltd v. B. Srinivas Rao & Ors., 2026 LLBiz HC (TEL) 10Sobha Limited v. Karnataka Real Estate Regulatory Authority & Ors., 2026 LLBiz REAT (KA) 22Aruna Garg vs. M/s Chintels India Private Limited, 2026 LLBiz RERA(HR) 64Shri Dinesh Chandra Deka & Anr. v. M/s Vivek Developers & Anr., 2026 LLBiz RERA(AS)...

Exclusion Of EWS/LIG Allottees From Housing Society Violates Articles 14, 21 Of The Constitution: Telangana High Court

The Telangana High Court has held that a housing society that excludes economically weaker sections (EWS) and lower-income group (LIG) allottees is unsustainable in law. It observed that excluding such allottees from access to common facilities is violative of the principle of equality under Article 14 and undermines their right to dignified living under Article 21. Dismissing a writ appeal filed by the Pristine Estates Villa Owners Maintenance Mutually Aided Co-operative Society Limited, the...

Buyers Need Not Form Separate Societies For Each Tower In Multi-Phase Project: Bombay High Court

The Bombay High Court on 1 April held that while each tower in a real estate development may qualify as a separate “project” under the statutory framework, flat purchasers are not mandatorily required to form separate co-operative housing societies for each tower. Justice Amit Borkar upheld the formation of a single unified co-operative housing society by flat purchasers despite the project being multi-phased and governed under different statutory regimes, after noting that the developer had...

LiveLawBiz RERA Cases Quarterly Digest: January - March 2026

Amendment Proposal Introduced in Lok SabhaCentre Proposes Penalty Instead Of 1 Year Jail For Allottees Violating RERA Appellate Tribunal Orders The Jan Vishwas (Amendment of Provisions) Bill, 2026, has been introduced in the Lok Sabha as part of a broader legislative push to decriminalise offences and rationalise penalties across a range of laws. One of the changes relates to the Real Estate (Regulation and Development) Act, 2016. Section 68 of the Act currently allows for imprisonment of up to...

Allottee 'Very Vulnerable', Can Withdraw Deposited Funds Despite Pre-Deposit Requirement: Bombay High Court

On 30 March, the Bombay High Court held that an allottee can withdraw amounts deposited by a developer during an appeal despite the statutory pre-deposit requirement under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 (RERA). Justice N.J. Jamadar dismissed Rare Township's (developer) appeals and upheld the Maharashtra Real Estate Appellate Tribunal's order allowing allottee Mitul Gada to withdraw Rs. 3,26,37,193 deposited by the developer. The Court observed: “The...