Patna High Court Dismisses FIR Plea Against Builder, Says RERA Must First Probe Forgery Allegations

The Patna High Court on 2 November dismissed a writ petition seeking a direction to Bihar Real Estate Regulatory Authority (RERA) to register an FIR against Jaidev Green Homes Pvt. Ltd. and its former director for allegedly filing forged documents and false affidavits before the authority.Justice Sourendra Pandey held that allegations of fraud and forgery committed before the RERA must first be inquired into by the authority concerned before criminal proceedings can be initiated, observing...

Bihar RERA Cannot Demand Documents Beyond Those Prescribed By Law For Project Registration: Patna High Court

The Patna High Court has held that Bihar RERA cannot insist on documents beyond those prescribed under the Real Estate (Regulation and Development) Act, 2016 and the Bihar RERA Rules, 2017, while processing a project registration application. It also ruled that a residential project stood deemed registered after the Authority failed to decide the application within the statutory 30-day period. Justice Ajit Kumar observed that allowing RERA to demand documents not prescribed by law would...

RERA's 10% Advance Payment Cap Does Not Restrict REAT's Power To Order Higher Deposit: Bombay High Court

The Bombay High Court has recently held that the 10% cap under the Real Estate (Regulation and Development) Act, 2016, on the advance a developer can accept from a homebuyer before executing a registered agreement for sale does not restrict a Real Estate Appellate Tribunal's power to direct the buyer to deposit a higher amount as a condition for interim protection.A Single Bench of Justice Sandeep V. Marne observed that the tribunal's powers to balance competing interests cannot be curtailed by...

Madras High Court Directs Collector To Recover TNRERA Penalty From SSM Builders Within 3 Weeks

The Madras High Court has directed the Chengalpattu District Collector to enforce a recovery warrant issued by the Tamil Nadu Real Estate Regulatory Authority (TNRERA) against SSM Builders and Promoters over an unfinished residential-cum-commercial project comprising about 2,952 flats and 135 commercial units in Chennai.Allowing a petition filed by the SSM Nagar Flat Owners Association, a Single Bench of Justice P.T. Asha directed the Collector to recover the penalty imposed on the builder as...

Madras High Court Holds Former Developer Qualifies As RERA Allottee For Subsequent Apartment Purchase

The Madras High Court has held that an agreement to purchase an apartment cannot be treated as a commercial transaction merely because the buyer had earlier agreed to develop the same property. It held that the buyer qualified as an allottee under the Real Estate (Regulation and Development) Act, 2016 (RERA). Justice P.B. Balaji observed, “A careful consideration of the above clearly bring the petitioner within the definition of 'allottee', under Section 2 of RERA, I am unable to see how the...

LiveLawBiz RERA Cases Monthly Digest: October 2026

HIGH COURTSAllahabad High CourtRERA| Brochure Clause Allowing 20% Deduction On Refund Without Interest Is Unfair: Allahabad High CourtCase Title Lucknow Development Authority Thru. Its Authorized Signatory Mr. Rohit Singh v. Shivaji SinghCase Number RERA APPEAL No. - 118 of 2026Citation 2026 LLBiz HC (ALL) 87The Allahabad High Court at Lucknow has recently held that a clause in a development authority's brochure permitting it to deduct 20% of the registration amount and return the balance...

Rejection of Building Plans Not Force Majeure For Delayed Possession Interest: Bombay High Court

The Bombay High Court on 23 October held that rejection of building plans by a planning authority does not constitute a force majeure event absolving a real estate promoter of liability to pay interest for delayed possession. Further, that interest for delayed possession can be awarded through summary judgment without a full trial or oral evidence, unlike compensation, which may require evidentiary adjudication. Justice Sandeep V. Marne partly allowed an application filed by DNM Trustee...

Housing Society Not Liable for Developer's RERA Obligations As Landowner: Bombay High Court

The Bombay High Court has ruled that a housing society as a landowner cannot be held liable for a developer's obligations under the Real Estate (Regulation and Development) Act, 2016 (RERA), merely because the developer entered into agreements for sale with flat purchasers under a redevelopment agreement.Justice Arun R. Pedneker granted interim relief to Maruthi Co-operative Housing Society Limited, allowing it to appoint a new developer. The court also directed payment of ₹7.35 crore in unpaid...

RERA| Brochure Clause Allowing 20% Deduction On Refund Without Interest Is Unfair: Allahabad High Court

The Allahabad High Court at Lucknow has recently held that a clause in a development authority's brochure permitting it to deduct 20% of the registration amount and return the balance without interest where an allottee withdraws after allotment is a one-sided, unfair, and unreasonable term of the contract. It held that the Lucknow Development Authority was not entitled to the benefit of such a clause. Clause 8.2 of the brochure of the Lucknow Development Authority provided that...

Karnataka High Court Upholds Unishire Property Attachment, Says Final K-RERA Order Can't Be Reopened

The Karnataka High Court on 6 October held that a developer cannot challenge a consequential property attachment after its appeal against the underlying Karnataka Real Estate Regulatory Authority (K-RERA) order has been dismissed and the order has attained finality. Justice E.S. Indiresh dismissed Unishire Promoters Private Limited's writ petition and upheld the attachment of its property in Bengaluru to recover unpaid dues owed to a homebuyer. The Bench observed: “In that view of the matter,...

Karnataka High Court Upholds Cancellation Of Occupancy Certificates For 33 Raffles Park Villas

The Karnataka High Court has recently upheld the cancellation of occupancy certificates issued for 33 villas in Raffles Residency Private Limited's Raffles Park project in Bengaluru, finding that the project was incomplete and unfit for occupation when the certificates were issued.Justice Suraj Govindaraj recalled an earlier order that had restored the certificates, finding that the developer had suppressed material documentary evidence bearing on the project's completion.The court observed that...

Are All Promoter-Allottee RERA Disputes Non-Arbitrable? Bombay HC Refers Question To Larger Bench

The Bombay High Court has referred to a larger Bench the question of whether every dispute between a real estate promoter and an individual flat buyer under an agreement for sale governed by RERA is non-arbitrable as a class. The court will consider whether arbitrability must instead be examined by looking at the subject matter, nature of relief and the matters RERA authorities are empowered to determine.Justice Amit Borkar observed, “The issue is whether the existence of a statutory forum under...