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

Jacob Eapen Sam & Ors. v. Varghese Nettikadan & Ors., 2026 LLBiz HC (KER) 19

Raj Kumar Saini v. District Magistrate, Haridwar & Ors., 2026 LLBiz HC (UTT) 3

Delhi Development Authority v. Real Estate Regulatory Authority, NCT of Delhi, 2026 LLBiz REAT (DL) 5

Mrs. Ranjana Chaturvedi v. M/s Rajdeep and Company Infrastructure Private Limited, 2026 LLBiz RERA (HP) 21

Sanjay Navinchandra Choksi & Anr. v. M/s Kalpataru Property Ventures LLP, 2026 LLBiz RERA (MH) 20

Anu Gupta v. Estate Officer, PUDA & Anr., 2026 LLBiz RERA (PB) 22

High Courts

Kerala High Court

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

Case Title : Jacob Eapen Sam & Ors. v. Varghese Nettikadan & Ors.

Case Number : MSA Nos. 12 & 15 of 2025

Citation: 2026 LLBiz HC (KER) 19

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 permit a remand where reconsideration is required. The court noted that Section 44(3) of the Act empowers the Tribunal to pass such orders as it thinks fit and that this provision must be understood in light of the object of the legislation. “In the light of the object of the enactment, viz., a fast-track dispute resolution mechanism, it could only be held that the Tribunal is having wide powers under the Act to mould reliefs for effective and complete adjudication of the matter,” the court said.

Uttarakhand High Court

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

Case Title : Raj Kumar Saini v. District Magistrate, Haridwar & Ors.

Case Number : Writ Petition (M/B) No. 45 of 2026

Citation: 2026 LLBiz HC (UTT) 3

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 the developer solely on the basis of the rights flowing under the development agreement would be joint and several, and the petitioner cannot be permitted to defeat the lawful claim of the allottees on the technical grounds, which have been raised before us.", it said.

After examining the development agreement, the High Court found that the landowner had, in effect, transferred almost all rights in the property. “The petitioner has purportedly transferred all his rights in the property in favour of the developer,” the court said.

Real Estate Appellate Tribunal

Delhi–Chandigarh REAT

Delhi–Chandigarh REAT Quashes ₹10 Lakh Penalty on DDA After RERA Missed 30-Day Project Registration Deadline

Case Title : Delhi Development Authority v. Real Estate Regulatory Authority, NCT of Delhi

Case Number : Appeal No. 190/REAT/2025

Citation: 2026 LLBiz REAT (DL) 5

Enforcing the 30-day deadline already prescribed under the RERA law, the Real Estate Appellate Tribunal for NCT of Delhi and UT of Chandigarh has held that the Real Estate Regulatory Authority cannot keep project registration applications pending indefinitely. Setting aside a Rs 10 lakh penalty imposed on the Delhi Development Authority, the tribunal said the Authority must either approve or reject an application within that period.

A bench led by Judicial Member Lorren Bamniyal said the statute leaves no room for administrative discretion on timelines. The tribunal said the law must be applied as written. "The words of the statute are always to be treated sacrosanct as they represent the legislative intent. Their literal and plain meaning is not required to be interfered with unless the provision runs contrary to the statement of objects and reasons of the statute or is palpably in violation of any other law.", the Tribunal said.

Real Estate Regulatory Authority

Himachal Pradesh RERA

Cross-Examination In Real Estate Proceedings Is An Exception, Not The Rule: Himachal Pradesh RERA

Case Title : Mrs. Ranjana Chaturvedi vs. M/s Rajdeep and company infrastructure Private Limited

Case Number : Complaint no. HPRERA2024029/C

Citation: 2026 LLBiz RERA (HP) 21

On 16 January 2026, the Himachal Pradesh Real Estate Regulatory Authority (HPRERA) rejected a builder's request for cross-examination, ruling that it is an exception under the Real Estate (Regulation and Development) Act, 2016 (The Act), and not a routine requirement. The Authority observed that the primary objective of the Act is to provide expeditious relief to homebuyers, which cannot be delayed by civil court procedures. It emphasised that the authority is duty bound to observe principles of natural justice and application of evidence Act is therefore not necessitated at every stage of proceedings.

Regarding cross-examination, the Bench observed that there is no provision under the Act, Rules, or Regulations for cross-examination of the parties. It noted “cross examination is an exception, not the rule” and that if it were permitted routinely, “the entire purpose of the Act in providing expeditious relief to the allottees would be defeated”.

Maharashtra RERA

MahaRERA Orders Refund of ₹1.46 Crore Forfeited, As Kalpataru Later Resold Flat

Case Title : Sanjay Navinchandra Choksi & Anr. v. M/S. Kalpataru Property Ventures LLP

Case Number : Complaint No. 58/2025/TGRERA

Citation: 2026 LLBiz RERA (MH) 20

The Maharashtra Real Estate Regulatory Authority has held that Kalpataru Property Ventures LLP could not forfeit over Rs 1.46 crore from two homebuyers after accepting more than the legally permitted 10% without a registered agreement for sale and then sell the same flat to a third party while retaining the money. MahaRERA said the promoter could not be permitted to take advantage of its own statutory breach. “No party can benefit from its own wrong,” the Authority observed.

“Mere allegations of investment intent, without proof of speculative resale or commercial dealing by the Complainants, cannot divest them of statutory protection under RERA. Therefore, the Complainants are held to be allottees entitled to invoke provision of RERA.”

Punjab RERA

Punjab RERA Calls For Strategic Development Planning To Curb Mushrooming Of Unplanned Projects

Case Title : Anu Gupta v. Estate Officer, PUDA & Anr.

Case Number : RERA/G/0457 of 2023

Citation: 2026 LLBiz RERA (PB) 22

The Punjab Real Estate Regulatory Authority has warned that the absence of regional strategic planning is contributing to repeated failures in real estate projects, particularly around fast-growing urban belts such as Chandigarh and Zirakpur. In a detailed order, the Authority said unplanned and unchecked development along highways and arterial roads reflects either the non-formulation of a strategic master plan or a failure to adhere to one and called for urgent corrective measures at a systemic level.

The observations were made by Member Arunvir Vashista while deciding a complaint relating to a delayed commercial project developed as a joint venture between the Patiala Urban Planning and Development Authority and Omaxe in Patiala. It said the “mushroom growth of commercial and residential projects right on the main roads and highways”, accompanied by heavy footfall and congestion, pointed to serious lapses in planning.

"It is for this reason it becomes urgently indispensable to have both a regional and a national strategic plan. It also required at the same time that those plans are revised from time to time depending upon the changes that are necessitated for sustainability of development in view of everchanging geological conditions. Besides, regional and national level strategic planning inherently involves long term planning in specific areas with flexibility and adaptability encouraging environmentally sustainable construction and affordable housing promoting standardization and use of appropriate construction material, fixtures, fittings and construction techniques.", the authority said.