Yuvraj Singh takes legal action against Delhi builders for privacy infringement and delayed possession
Author : PNT Bureau
Former Indian cricketer Yuvraj Singh has issued two legal notices to Delhi-based real estate firms, M/s Brilliant Etoile Private Limited and M/s Uppal Housing Private Limited, via Rizwan Law Associates. The first notice addresses delays in delivering a promised high-quality apartment in Hauz Khas, New Delhi, seeking damages for the delay and substandard quality. The second notice targets Brilliant Etoile Private Limited for infringing his privacy and intellectual property rights, alleging unauthorised use of his image and brand for promotion beyond the expiration of their Memorandum of Understanding (MoU) on November 23, 2023. Yuvraj demands cessation of these uses and compensation for damages....
NCLAT upholds Suraksha Realty's acquisition of Jaypee Infratech
Author : PNT Bureau
The National Company Law Appellate Tribunal (NCLAT) has upheld the decision of the National Company Law Tribunal (NCLT) to approve Suraksha Realty's bid to acquire the debt-ridden Jaypee Infratech Ltd (JIL). While the NCLT's decision in March 2023 provided relief to over 20,000 home buyers, the NCLAT has now directed Suraksha Realty to pay an additional around INR 1,300 crore as compensation to farmers. The NCLAT's decision aims to balance the interests of all stakeholders, including home buyers and the Yamuna Express development authority's (YEIDA) claim for additional farmer compensation. The NCLAT has set aside the NCLT's decision on the YEIDA's claim, but upheld the rest of the order approving the resolution plan, paving the way for its swift implementation....
YEIDA completes survey on JAL's Jaypee Sports City amidst dispute over INR 3,621 crore dues
Author : PNT Bureau
The Yamuna Expressway Industrial Development Authority (YEIDA) completed a survey to assess development work by Jai Prakash Associates Ltd (JAL) on the Jaypee Sports City project, whose land allotment was canceled in 2020 over dues. The survey, following an Allahabad High Court directive, aims to verify JAL's claims of substantial infrastructure investment. In related news, developers owe INR 44,700 crore in Gautam Budh Nagar, with YEIDA's share at INR 4,700 crore. Efforts to revive stalled projects involve agreements with developers like ATS, Greenbay, and Logix, benefiting 4,000 homebuyers through a government scheme....
Bombay High Court rules TDS not applicable on transit rent in redevelopment projects
Author : PNT Bureau
The Bombay High Court held in Sarfaraz S. Furniturewalla vs Afshan Sharafali Ashok Kumar & Others that tax deducted at source (TDS) should not apply to transit rent/hardship allowance paid by developers to owners/occupants whose building is under redevelopment. While redevelopment benefits many, the tax status of transit rent has been debated for a long time. Developers provide transit rent to facilitate temporary relocation during redevelopment. Tax authorities viewed this as non-taxable, but developers deducted TDS. In this case, Sea Rock Construction sought PAN cards to deduct TDS from transit rent payments. The High Court clarified the difference between rent and transit rent, ruling that transit rent is not income and thus not subject to TDS....
The Supreme Court holds that the acquisition of private land is void if the correct procedures are not followed
Author : PNT Bureau
In a landmark judgment, the Supreme Court of India reinforces Article 300A, safeguarding the right to property. The ruling demands fair and transparent procedures in land acquisition, following the case of Birinchi Bihari Shah vs. Kolkata Municipal Corporation. The court outlines seven key procedural safeguards, including notice, hearing, reasoned decisions, and fair compensation, ensuring fairness and preventing arbitrary government actions. Justice Narasimha emphasizes that compensation alone cannot justify bypassing proper procedures. This judgment sets a precedent for future land acquisitions, promoting transparency and fairness nationwide....
Government proposes accountability for unsolicited calls from unregistered phone numbers
Author : PNT Bureau
The government has proposed holding certain entities accountable for contacting individuals through unregistered phone numbers. Banks, insurance companies, real estate developers, brokers and other organizations may be responsible if they call from numbers not listed with the Telecom Regulatory Authority of India (TRAI). This represents the latest effort to address unsolicited calls, a persistent issue for over two decades despite past initiatives. While TRAI has discussed measures to combat the problem, there have been no clear rules around the sale of personal data used by banks and real estate firms for unwanted calls, often featuring pre-recorded messages....
Bombay High Court imposes INR 5 lakh fine on developer for delaying slum rehabilitation scheme
Author : PNT Bureau
The Bombay High Court has imposed a fine of INR 5 lakh on developer Lashkaria Housing & Infrastructure for deliberately delaying the implementation of a slum rehabilitation scheme in Jogeshwari (West) for over five to six years. The court upheld the removal of Lashkaria as the developer and directed that the fine amount be paid to Tata Memorial Hospital within eight weeks. The court took exception to the fact that the developer tried to misrepresent that it was appointed to carry out the scheme for three plots housing 432 hutments, when it was only appointed for one plot with 120 hutments, thereby wasting judicial time in ascertaining the details....
Supreme Court to examine GST levy on transfer of development rights in joint development projects
Author : PNT Bureau
The Supreme Court of India has admitted a petition challenging the imposition of Goods and Services Tax (GST) on the transfer of development rights within joint development agreements (JDA) between real estate developers and landowners. The petition argues that development rights transferred as part of a land transaction should not be subjected to GST, as the sale of land is specifically excluded. Previously, the Telangana High Court had dismissed a similar petition. The developer has now approached the Supreme Court seeking relief and the court has sent notices to the central government seeking their response....
IL&FS seeks MMRDA approval to sell iconic Mumbai headquarters to Brookfield
Author : PNT Bureau
Infrastructure lender IL&FS is seeking fresh approval from the Mumbai Metropolitan Region Development Authority (MMRDA) to sell its 10-storey headquarters in Bandra-Kurla Complex, Mumbai to Brookfield Asset Management. The MMRDA had approved subletting but the National Company Law Tribunal has approved an outright sale. IL&FS argues the MMRDA approval differs from what was sought as IL&FS wanted a sale approval. Brookfield says the deal is at an advanced stage with key approvals received and a substantial amount already paid. IL&FS is selling assets to manage debt obligations following its default in September 2018 while Brookfield is seeking to expand its presence in BKC....
Rajasthan HC leverages student study using Google Earth to monitor Aravalli Hill construction
Author : PNT Bureau
The Jodhpur bench of the Rajasthan High Court is exploring how to use technology like Google Earth to monitor construction activities in the ecologically sensitive Aravalli Hills of Udaipur. Fascinated by a study conducted by students of Mohanlal Sukhdiya University leveraging such technology, the court has directed the state government to explain how it can be utilized to demarcate and tag the hills. It also asked the students to continue upgrading their analysis and providing inputs, while directing the Additional Advocate General to assist in outlining the government's technology usage plans for demarcation and addressing violations of hill bylaws....
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