Law & Policy

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NCLAT upholds insolvency proceedings against Tulip Hotels for defaulting on corporate guarantees

Author : PNT Bureau

The National Company Law Appellate Tribunal (NCLAT) has upheld the insolvency resolution process initiated by the National Company Law Tribunal (NCLT) against Tulip Hotels for defaulting on corporate guarantees of INR 450 crore each provided to Cox & Kings and EzeeGo One Travel. Yes Bank, the financial creditor, had claimed a default of INR 900 crore against Tulip Hotels after invoking the guarantees when the principal borrowers failed to repay loans. While Tulip Hotels contended it had no relationship with the defaulters, NCLAT observed that as a corporate guarantor, Tulip Hotels became liable to repay the debt as soon as the principal borrowers defaulted. It dismissed the appeal by Tulip Hotels against the NCLT order....

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Bombay HC rules on interpretation of Senior Citizens Act in property gift disputes

Author : PNT Bureau

The Bombay High Court overturned a tribunal order cancelling gift deeds of flats executed by a father in favour of his son. The HC held that the objective of the Senior Citizens Act is to ensure residence rights for elderly parents in gifted properties, not invalidate valid deeds. It observed that tribunals are often used to settle property disputes. In this case, the tribunal lacked jurisdiction and should have ensured the father's basic needs were met as the son was willing to care for him, before cancelling deeds. The HC directed the father to reside separately with monthly maintenance of INR 25000 from the son....

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MahaRERA says 2022 cancellation guidelines will be applicable retrospectively

Author : PNT Bureau

The Maharashtra Real Estate Regulatory Authority (MahaRERA) recently ruled that its August 2022 order limiting builders to retaining only 2% of the flat value from booking amounts in case of cancellations could be applied retrospectively. In a 2019 case, MahaRERA directed Godrej Greenview Housing to refund the buyer's INR 5 lakh deposit for a flat booked in 2019, deducting only 2% of the flat value as permitted in the 2022 order. The buyer had alleged violations under Sections 12 and 18 of the RERA Act for false promises by the builder and sought refund with interest. While dismissing allegations of violations, MahaRERA said the builder's forfeiture of the full deposit was impermissible under RERA, and applied the 2022 cancellation guidelines in its ruling....

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ED attaches 1807 acres of land worth INR 53 crore in PMC Bank-HDIL fraud case

Author : PNT Bureau

The Enforcement Directorate has provisionally attached 1,807 acres of land located in Vijaydurg village of Maharashtra's Sindhudurg district in connection with the INR 6,117 crore PMC Bank fraud case allegedly involving HDIL promoters. The attached land parcels worth INR 52.90 crore were allegedly acquired using INR 82.30 crore from the fraud proceeds. Though the land was meant for port development, the project was not implemented. The ED probe found that between 2010-2013, HDIL promoters had diverted funds to buy the land by routing it through 39 farmers. The agency has filed chargesheets against HDIL promoters and others and has provisionally attached assets worth INR 719.11 crore in the case....

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HRERA rejects Godrej Developers' application for extension of registration for housing project in Gurugram

Author : PNT Bureau

The Haryana Real Estate Regulatory Authority (HRERA) has rejected an application by Godrej Developers and Properties LLP seeking extension of registration for their Godrej Air Phase 4 housing project in Sector 85, Gurugram. The original registration granted in 2018 was valid till 2023. However, deficiencies were observed in the extension application regarding project details and documents. Despite reminders by the authority, the deficiencies were not rectified. In February 2024, HRERA issued a final notice and has now rejected the application. It has also warned against third-party rights and advised caution for people to make any bookings. Godrej Developers said they are responding to queries and will make representations to set aside the order....

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NCDRC rules obtaining occupancy certificate irrelevant for refund claim if possession is delayed

Author : PNT Bureau

The National Consumer Disputes Redressal Commission (NCDRC) has ruled that obtaining an occupancy certificate is irrelevant for builders if possession of the property is delayed beyond the agreed timeline. This ruling came while ordering a full refund for a homebuyer in Bengaluru, even though possession was being offered. The homebuyer had booked an ultra-luxury apartment worth over Rs. 6.8 crore in 2015 with scheduled possession in October 2016. However, possession was only offered in 2020, over three and a half years later. Rejecting the builder's arguments, NCDRC stated the date of receiving occupancy certificate does not matter to homebuyers if possession is not given on time. It ordered the builder to fully refund the deposited amount along with interest, noting inordinate delay in possession of over three years....

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Mumbai shops without Marathi signboards to face double property tax: BMC

Author : PNT Bureau

From May 1st, businesses in Mumbai face double property tax penalties if they lack Marathi signage on storefronts. The Brihanmumbai Municipal Corporation has already inspected 87,000 shops, issued 3,000 legal notices, and fined 343 businesses a total of INR 32 lakh. Illuminated signs without Marathi will have licenses revoked, costing INR 25,000 to INR 1.5 lakh to renew. This enforcement follows a Supreme Court-granted two-month compliance window, which ended in November 2023. The Marathi signage requirement aims to promote linguistic diversity and inclusion, catering to the state's predominantly Marathi-speaking population. Businesses are urged to comply quickly to avoid disruptions and additional costs....

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Bombay High Court directs MHADA to convey land ownership to society

Author : PNT Bureau

The Bombay High Court took issue with a demand of 24% interest on alleged ground rent arrears by MHADA as a condition for conveying land ownership to a cooperative society. MHADA also sought advance ground rent till 2026 totaling over INR 18 crore. The HC said the demand was unacceptable and directed MHADA to execute a land lease agreement and conveyance deed for the commercial building within three weeks. It asked MHADA to consider its observations while revising the demand legally within the next 10 weeks, failing which conveyance cannot be delayed....

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NGT issues notices to Uttar Pradesh government, authorities over illegal construction on farmland

Author : PNT Bureau

The National Green Tribunal has issued notices to the UP government, Noida, Greater Noida authorities, and other bodies following a petition alleging illegal construction on farmland. The petition, filed by a former BJP councillor from Ghaziabad, highlights concerns over the encroachment of fertile farmland and unauthorised plotting in Noida and Greater Noida, prompting the NGT to schedule a hearing on July 8. The NGT's intervention underscores the need for strict enforcement of environmental regulations and urban planning to address environmental degradation and safeguard agricultural land in the region....

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JDA imposes fees for completion certificates on buildings over 15 metres in height

Author : PNT Bureau

The Jaipur Development Authority (JDA) has introduced new regulations to deter builders from erecting high-rise buildings on narrow roads within colonies. These measures include raising completion certificate rates and earnest money required for construction work. Builders now face fees of INR 15 to INR 30 per square foot for buildings exceeding 15 metres in height. The move addresses safety concerns and road congestion arising from inadequate parking in such constructions. Additionally, rules now permit three-floor buildings on plots of 350 to 500 square metres on 60-metre-wide roads, but without ground floor parking. These changes signify the JDA's proactive approach to enhancing safety and functionality in Jaipur's residential areas....