Landowner Who Transfers Development Rights Is Jointly Liable To Homebuyers: Uttarakhand High Court

The Uttarakhand High Court has recently reiterated that a landowner who hands over land and extensive development rights to a builder cannot avoid responsibility towards homebuyers and can be subjected to recovery proceedings even if the flats were sold by the developer. A Division Bench of Chief Justice Manoj Kumar Gupta and Justice Ashish Naithani said liability towards homebuyers does not rest on the builder alone. “The liability, as against the allottees, from whom money was realized by...

RERA Tribunal Order Unsustainable Where Heard by One Bench And Pronounced By Another: Allahabad High Court

The Allahabad High Court has set aside a judgment of the Uttar Pradesh Real Estate Appellate Tribunal, holding that a case heard by one bench cannot be decided by another bench if one of its members did not hear the arguments. The court said such a judgment is unsustainable in law and goes against fundamental principles of judicial procedure. A Single Bench of Justice Subhash Vidyarthi said that the bench that hears a matter must also decide it. It added that views of members who heard the case...

Interest For Delayed Possession Under RERA Can't Be Waived Through Private Settlement: Allahabad High Court

The Allahabad High Court has recently held that a private settlement between a promoter and a homebuyer cannot override mandatory statutory obligations under the Real Estate (Regulation and Development) Act, 2016. Dismissing an appeal filed by the Lucknow Development Authority, a single bench of Justice Prashant Kumar upheld an order directing payment of statutory interest to a buyer for delay in handing over possession of a flat.The court said the law leaves no scope for promoters to avoid...

HP High Court Questions Shifting Of RERA Office From Shimla To Dharamshala; Interim Order Restraining Shift To Continue

The Himachal Pradesh High Court admitted a petition challenging the decision of the State Government to shift the Real Estate Regulatory Authority office from Shimla to Dharamshala.The Court remarked that RERA was a small institution with limited manpower and that the State ought to consider relocating larger offices instead of burdening a statutory authority with minimal staff.A Division Bench of Chief Justice G.S. Sandhawalia and Justice Jiya Lal Bhardwaj remarked that: “the interim order is...

RERA Relief Does Not Bar Arbitration Protection: Delhi High Court Sets Aside Commercial Court's Order

The Delhi High Court has recently ruled that homebuyers and investors are not barred from seeking interim relief under Section 9 of the Arbitration and Conciliation Act of 1996, solely on the ground that they had already previously approached the Real Estate Regulatory Authority (RERA). A Division Bench of Justice Prathiba M. Singh and Justice Shail Jain on 24th December, 2025 noting that remedies under the RERA Act and the Arbitration Act are contemporaneous and not mutually exclusive,...

Bombay High Court To Examine If Non-Advertised Project Need Mandatory RERA Registration

The Bombay High Court has stayed a Maharashtra Real Estate Appellate Tribunal order requiring a builder to register two additional wings of its real estate project in Maharashtra, noting that the central issue of whether registration under Section 3 of the Real Estate (Regulation and Development) Act becomes mandatory when no units are advertised or offered for sale requires examination.Justice Arun R Pedneker made this observation on November 25, 2025 while issuing notice in the second appeals...

RERA Authorities Cannot Decide Title Disputes Or Issue Declarations and Injunctions Like Civil Court : Bombay High Court

The Bombay High Court has recently held that authorities and tribunals under the Real Estate (Regulation and Development) Act, 2016 (RERA) cannot adjudicate title disputes between allottees or grant declaratory and injunctive reliefs, ruling that such powers lie exclusively with civil courts. Clarifying the limits of RERA jurisdiction, the court held that disputes concerning the validity of title instruments “is not a matter which the authorities under the RERA are empowered to adjudicate....

RERA Orders Not Decrees, Cannot Be Executed Through Civil Courts: Karnataka High Court

The Karnataka High Court has recently ruled that an order passed by a Real Estate Regulatory Authority (RERA) does not amount to a civil court decree and cannot be executed through civil execution proceedings, holding that RERA orders must be enforced only through the statutory recovery mechanism provided under the Act. A single bench of Justice M Nagaprasanna said the statutory scheme shows that RERA is a 'self-contained code' whose decisions do not conform to any of the requirements of a...

Commercial Unit Buyers Not Barred From Seeking Arbitration Relief After Availing Remedies Under RERA: Delhi High Court

The Delhi High Court bench of Justice Pratibha M. Singh and Justice Shail Jain has held that Buyers of commercial units are not prohibited from seeking arbitration relief subsequent to availing remedies under RERA, provided that the arbitration petitions were filed after a change in circumstances. Background The Appellants had entered into a Memorandum of Understanding (MoU) with Neo Developers for booking commercial units in New Square Mall, Gurugram. Disputes arose between the...

Chairperson, Judicial Member Will Be Appointed To Karnataka Real Estate Appellate Tribunal In Two Weeks: State Tells High Court

The Karnataka government on Thursday informed the High Court that in two weeks time Chairperson and Judicial member would be appointed to the Karnataka Real Estate Appellate Tribunal (REAT), which has become non-functional due to these vacant posts.Advocate General Shashi Kiran Shetty said “The concerned files are cleared after suitable recommendations and the same would be taken to its logical conclusion in next two weeks, by appointments being made of the Chairperson and judicial member.” The...

Allahabad HC Mulls To Initiate Suo Moto PIL Over Non-Execution Of Recovery Certificates Issued By RERA

The Allahabad High Court has called for a personal affidavit of the District Magistrate, Lucknow, for the non-execution of recovery certificates issued by the Real Estate Regulatory Authority (RERA). The Court observed that several cases have been filed and orders passed by the High Court; however, no mechanism for dealing with the execution certificates issued by the RERA has been put in place. The bench of Justice Rajan Roy and Justice Om Prakash Shukla observed that since the matter...

'RERA Exercises Very Sensitive Functions, Not In Interest Of Justice To Allow Supersession': High Court Stays Punjab Govt's Order To Take Over RERA

The Punjab & Haryana High Court has stayed the Punjab Government's order to supersede Real Estate Regulatory Authority (RERA) on account of vacant positions in the authority's bech.A notice was issued by the Punjab Government on March 12 that in the public interest, the Governor of Punjab was superseding Real Estate Regulatory Authority Punjab for four months or till the Quorum is complete or which ever is earlier under section 82 of the Real Estate Regulation and Development Act 2016.For...