Technical Member Mandatory: Madhya Pradesh High Court Sets Aside REAT Order Passed By Two-Member Bench

The Madhya Pradesh High Court has recently set aside an order of the Real Estate Appellate Tribunal after finding that it was passed by an improperly constituted Bench. The court held that the Tribunal decided the case without the participation of a Technical Member, a requirement mandated by law. Such an order, it said, cannot stand. “As per the provisions of Section 45 of the Real Estate (Regulation and Development) Act, 2016, the Appellate Tribunal must consist of the Chairman and two...

RERA Cases Weekly Round-Up: February 02 - February 08, 2026

Nominal IndexRalas and Chopda Builders & Ors v Jeevan Vihar Residents Welfare Society 2026 LLBiz HC (CHH) 4M s Pareena Infrastructure Pvt Ltd v Mabood Aryaman 2026 LLBiz REAT (HR) 6Alpha Corp Development Private Limited v Haryana Real Estate Regulatory Authority Panchkula 2026 LLBiz REAT (HR) 7Venkata Krishna Moorthy Kavaturu v M s Ramanuja Temple County Pvt Ltd 2026 LLBiz RERA (TS) 23High CourtChattisgarh High CourtRERA Cannot Examine Municipal Completion Certificates Issued Before It Came...

RERA Cannot Examine Municipal Completion Certificates Issued Before It Came Into Force: Chhattisgarh High Court

The Chhattisgarh High Court has recently held that the Real Estate Regulatory Authority has no jurisdiction to examine or question completion certificates issued by municipal authorities before May 1, 2017, when the substantive provisions of the Real Estate (Regulation and Development) Act, 2016, came into force. "Prima facie, a real estate project which has been certified as complete under the applicable municipal law prior to the enforcement of the RERA regime in the State of Chhattisgarh...

RERA Cases Weekly Digest [26th January - 1st February, 2026]

Jacob Eapen Sam & Ors. v. Varghese Nettikadan & Ors., 2026 LLBiz HC (KER) 19Raj Kumar Saini v. District Magistrate, Haridwar & Ors., 2026 LLBiz HC (UTT) 3Delhi Development Authority v. Real Estate Regulatory Authority, NCT of Delhi, 2026 LLBiz REAT (DL) 5Mrs. Ranjana Chaturvedi v. M/s Rajdeep and Company Infrastructure Private Limited, 2026 LLBiz RERA (HP) 21Sanjay Navinchandra Choksi & Anr. v. M/s Kalpataru Property Ventures LLP, 2026 LLBiz RERA (MH) 20Anu Gupta v. Estate...

Real Estate Appellate Tribunal Can Remand Cases Despite No Express Power Under RERA: Kerala High Court

The Kerala High Court has recently held that the Real Estate Appellate Tribunal has the power to remand matters to the Real Estate Regulatory Authority for fresh consideration, even though the Real Estate (Regulation and Development) Act, 2016, does not expressly provide for such a power. The court dismissed appeals challenging a remand order passed by the tribunal and upheld the direction for reconsideration. Justice M.A. Abdul Hakhim said the tribunal's appellate powers are wide enough to...

RERA Cases Weekly Round-Up: 19th January-25th January 2026

Nominal Index Ar Landcraft Llp Ltd. Liability Partnership Thru. its Auth. Sign. v. U.P. Real Estate Appellate Tribunal Thru. its Registrar Lko. & Ors., 2026 LLBiz HC (ALL) 8Bhawna Narang v. Vatika Ltd. & Anr., 2026 LLBiz RERA (HR) 16Lko. Development Authority Lko. Thru. Authorized Signatory Rohit Singh v. Sushma Shukla, 2026 LLBiz HC (ALL) 7Mrs. Rizvana Begum & Anr. v. M/s Pacifica Construction Pvt. Ltd., 2026 LLBiz RERA (19)Royal Omkar Nests Pvt. Ltd. & Anr. v. Sandeep...

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...