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...

LiveLawBiz RERA Cases Monthly Digest: 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...

Meerut Development Authority's Re-Auction Of Plot After Price Rise Arbitrary; Allahabad High Court Orders Reconsideration

Questioning the fairness of the Meerut Development Authority's actions in a land allotment dispute, the Allahabad High Court has held that the authority acted arbitrarily in cancelling the allotment and re-auctioning the plot after its value increased, and directed that the allottee's claim be reconsidered strictly in accordance with clause 6(10) of the auction brochure governing restoration of cancelled plots. Setting aside the re-auction and subsequent sale, the court observed that a public...

LiveLawBiz RERA Cases Weekly Digest: 9th March - 14th March, 2026

NOMINAL INDEXKabra and Associates & Ors v Rekha Rajkumar Hemdev & Ors, 2026 LLBiz SC 109M/s Sobha Limited v The Deputy Registrar of Cooperative Societies & Ors, 2026 LLBiz HC (KAR) 30M/s Omaxe Heritage Pvt Ltd v Real Estate Regulatory Authority New Delhi, 2026 LLBiz REAT (DL) 14Ravi Kumar Anchoori v M/s Candeur Developers & Builders, 2026 LLBiz RERA (TS) 50Tushar Dnyandeo Jagdale v Piramal Estate Private Limited, 2026 LLBiz RERA (MH) 44Elkan Saphania Moses v Piramal Estates Pvt...

RERA And Karnataka Apartment Ownership Act Operate At Different Stages, Not Repugnant: Karnataka High Court

The Karnataka High Court has recently held that the Real Estate (Regulation and Development) Act, 2016 is not repugnant to the Karnataka Apartment Ownership Act, 1972, observing that the two statutes govern different stages in the life of a real estate project. The finding came in a petition filed by Sobha Limited concerning the Sobha HRC Pristine residential development in Bengaluru. Justice M.G. Uma allowed the plea and set aside the registration of a cooperative society that had been...

LiveLawBiz RERA Cases Weekly Digest: 1st March- 8th March, 2026

Nominal IndexThe Army Welfare Housing Organisation (AWHO) & Anr. v. Union of India & Ors., 2026 LLBiz HC (KER) 37R.D.B. Builders Private Limited & Anr. v. The State of West Bengal & Others, 2026 LLBiz HC (CAL) 61Seekha Cecelia Gomes v. Ocean Seven Buildtech Pvt. Ltd. & Ors., 2026 LLBiz RERA (HR) 34Mahanagar Realty v. Ganga Ishanya Co-operative Housing Society Ltd. & Ors., 2026 LLBiz HC (BOM) 107Uppal Chadha Hi-Tech Developers Pvt. Ltd. v. Uttar Pradesh Real Estate...

Deemed Conveyance Orders Passed Before 2025 Amendment Of MOFA Remain Valid: Bombay High Court

The Bombay High Court on 23 February held that deemed conveyance orders under the Maharashtra Ownership Flats Act (MOFA), 1963, issued prior to the Maharashtra Ownership Flats (Amendment and Validation) Act, 2025, remain valid and cannot be reopened merely because the amendment now aligns deemed conveyance in RERA-registered projects with completion of the last building in a layout. Dismissing a challenge by the developer, a Single Bench comprising Justice Sharmila U. Deshmukh upheld a 2023...

LiveLawBiz RERA Monthly Digest: February 2026

Nominal IndexRalas and Chopda Builders & Ors. v. Jeevan Vihar Residents Welfare Society, 2026 LLBiz HC (CHH) 4The State of Himachal Pradesh & Ors. v. Naresh Sharma, 2026 LLBiz SC 61The Madhya Pradesh Real Estate Regulatory Authority v. M/s Malwa Vanaspati and Chemicals Co. Ltd. & Anr., 2026 LLBiz SC 80Embassy One Developers Pvt. Ltd. v. State of Karnataka & Ors., 2026 LLBiz HC (KAR) 19MP Real Estate Regulatory Authority v. Briddhi Real Estate Pvt. Ltd. and Others, 2026 LLBiz HC...

Non-Registration Of Ongoing Project Does Not Bar RERA Or Hinder Allottee Rights: Kerala High Court

The Kerala High Court on 20 February held that a developer's failure to mandatorily register a housing project cannot be invoked to challenge RERA's jurisdiction, and cannot deprive allottees of statutory relief. Justice Ziyad Rahman A.A. dismissed a batch of writ petitions filed by the Army Welfare Housing Organisation (AWHO), observing that once a project is compulsorily registrable under Section 3(1) of the Real Estate (Regulation and Development) Act, 2016, complaints by allottees are...

Repeal Of 1993 West Bengal Building Act Does Not Extinguish Pending Proceedings: Calcutta High Court

The Calcutta High Court recently upheld compensation orders passed against R.D.B. Builders in a long-running flat dispute, holding that the repeal of the West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993 does not extinguish proceedings already pending under it. A Single Bench of Justice Krishna Rao, by order dated 26 February, clarified that the Supreme Court of India's 2021 ruling in Forum for People's Collective Efforts v. State of West...

Supreme Court Sets Aside High Court Order Quashing ₹2.27 Crore RERA Penalty

The Supreme Court has recently set aside a Madhya Pradesh High Court order that had quashed a Rs. 2.27 crore penalty imposed by the Madhya Pradesh Real Estate Regulatory Authority (MPRERA) on an industrial project developer for non-registration of its project. A bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe held that “the approach adopted by the High Court is impermissible in law.” The court noted that the High Court was exercising judicial review in the context of...