Carpet Area Means Net Usable Space, Cannot Be Diluted By Engineering Tolerance: WBREAT

The West Bengal Real Estate Appellate Tribunal (WBREAT) has held that “carpet area” must strictly conform to the statutory definition of net usable floor area. It ruled that promoters cannot rely on tolerance clauses, plaster thickness, or engineering explanations to justify a shortfall in the promised area. A coram of Chairperson Justice Rabindranath Samanta and Administrative Member Dr. Subrat Mukherjee observed that “the intention of law maker was to protect the interest of consumers in real...

WBREAT Upholds Interim Ban On Forum Projects From Selling or Transferring Kolkata 'Atmosphere' Project

The West Bengal Real Estate Appellate Tribunal has upheld an interim order against real estate developer Forum Projects Private Limited. The order restrains the company from selling, transferring, or otherwise dealing with any part of its luxury residential project “Atmosphere” on Kolkata's EM Bypass. A bench of Chairperson Justice Rabindranath Samanta and Administrative Member Dr. Subrat Mukherjee dismissed the developer's appeal. It held that “the interim directions passed by the learned...

Individuals Who Are Not Homebuyers Can Approach RERA If Aggrieved: Odisha REAT

The Odisha Real Estate Appellate Tribunal has ruled that even a person who is not a homebuyer can approach the Odisha Real Estate Authority with a complaint under RERA. It set aside an order of the Odisha Real Estate Regulatory Authority which had dismissed a complaint as not "maintainable”.The tribunal held that the authority wrongly refused to examine whether a project had been registered for land beyond the developer's ownership. The tribunal, comprising Chairman Justice P Patnaik, and...

Homebuyer Cannot Be Forced To Take Possession Of Unallotted Flat: Rajasthan REAT

The Rajasthan Real Estate Appellate Tribunal has held that a real estate developer cannot compel a homebuyer to take possession of a flat that was never allotted to him and cannot deduct administrative charges from a refund when no written Agreement for Sale exists. The tribunal allowed an appeal by a retiree homebuyer and directed the developer to refund the entire amount paid with interest within 45 days.A coram comprising Chairperson Justice Madan Gopal Vyas and Judicial Member Yudhisthir...

UP REAT Orders Probe Into Planning Norm Violations By Greater Noida Authority In Godrej Golf Links Project

The Uttar Pradesh Real Estate Appellate Tribunal (UP REAT) has ordered a government probe into the role of the Greater Noida Industrial Development Authority in granting approvals for the Godrej Golf Links township in Greater Noida, holding that apparent violations of the planning scheme “call for inquiry/investigation as per law”.The tribunal directed the Principal Secretary, Housing and Urban Development, to examine whether the Recreational Entertainment Park scheme and building regulations...

Karnataka REAT Affirms RERA Order, Says No Grounds To Demolish Parts Of L&T Raintree Boulevard Project

The Karnataka Real Estate Appellate Tribunal (KREAT) has dismissed an appeal filed by homebuyers seeking demolition of parts of the L&T Realty Raintree Boulevard project, thereby affirming the Karnataka Real Estate Regulatory Authority's order in favour of L&T Realty Developers Limited. A coram of Judicial Member Justice Santhosh Kumar Shetty N and Administrative Member Mahendra Jain, on November 26, 2025, held that the allottees had “no legal foundation to challenge the decision and...

WBREAT: Extension Of Project Registration Under Section 6 Of RERA Cannot Exceed One Year

West Bengal Real Estate Appellate Tribunal (“Tribunal”) bench comprising Justice Rabindranath Samanta (Chairperson) and Dr. Subrat Mukherjee (Administrative Member) held that under Section 6 of the RERA Act, a project's registration cannot be extended for more than one year. Background Facts Builder (Respondent No. 1) applied for registration of its housing project named “Essense” before the West Bengal Housing Industry Regulatory Authority under the West Bengal Housing Industry ...

Haryana REAT Sets Aside RERA Order Rejecting Inspire Parking Nest's Project Registration Application Due To Lack Of Quorum

Haryana Real Estate Appellate Tribunal (“Tribunal”) bench comprising Justice Rajan Gupta (Chairperson) and Rakesh Manocha (Member–Technical) sets aside the order of Haryana Real Estate Regulatory Authority (“Authority”) rejecting the application for registration of the Commercial Colony promoted by Inspire Parking Nest Pvt. Ltd. Tribunal held that the Authority which consists of a Chairperson and two Members must decide with proper quorum under Section 29 of the RERA Act. Since the...

West Bengal REAT Dismisses RERA Complaint As Complainants Had Already Filed Identical Case Before State Consumer Commission

West Bengal Real Estate Appellate Tribunal (“Tribunal”) bench comprising of Justice Rabindranath Samanta (Chairperson) and Dr. Subrat Mukherjee (Administrative Member) held that a complainant cannot simultaneously pursue identical reliefs before the State Consumer Commission (“Commission”) and the Real Estate Regulatory Authority (“Authority”). The Tribunal applied the doctrine of election and dismissed the complaint before Authority since the same reliefs were already sought before the...

MahaREAT – Project Without Completion Certificate Treated As Ongoing, Requires RERA Registration

Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Member), held that any building which has not received a completion certificate from the competent authority as on the date of commencement of the Real Estate (Regulation and Development) Act, 2016 (“Act”), will be treated as an ongoing project and requires registration. Accordingly, the Tribunal directed Wadhwa Constructions to register Building No. 18 of...

Delhi REAT Holds Homebuyer Who Booked Flat Under Buy-Back Scheme As Allottee, Remands Matter To Delhi RERA

Real Estate Appellate Tribunal, NCT of Delhi (Tribunal) comprising of Justice Chander Shekhar (Chairperson) and Lorren Bamniyal (Judicial Member) held in favour of the homebuyer who had booked a flat under the Buy Back scheme. The Tribunal concluded that the homebuyer falls within the definition of 'allottee' and remanded the matter to the NCT Delhi Real Estate Regulatory Authority (Authority), which had dismissed the homebuyer's complaint holding him as an investor. Background...

Haryana REAT Dismisses TDI Infrastructure's Application For Condonation Of 193-Day Delay In Filing Appeal

The Haryana Real Estate Appellate Tribunal (Tribunal) comprising of bench of Justice Rajan Gupta (Chairman) and Shri Rakesh Manocha (Technical Member) has dismissed the TDI Infrastructure application for condonation of a 193-day delay in filing the appeal before the Tribunal. Tribunal observed that the reasons provided by the builder for the delay in filing the appeal were unconvincing and speculative. It noted that the builder being a well-resourced real estate company should have acted...