16 Feb 2023

Last week, the Supreme Court ruled that a builder of a housing complex remains responsible for obtaining a completion certificate for the structure, regardless of whether the flat owners have taken possession of their homes before the issuance of such a certificate. This ruling came as a relief for 36 flat buyers in a Kolkata housing complex who have been litigating against RNR Enterprise, the builder, since 2006.Read more

16 Feb 2023

JMS Infra Realty Private Limited's bank guarantees have been forfeited by the Haryana Real Estate Regulatory Authority (H-RERA), Gurugram, since the promoter was late in submitting its project's zoning plan and authorised service plans and estimates. JMS Infra Realty Pvt. Ltd had applied for RERA registration certificate for the creation of a plotted community called "The Nation" under the Deen Dayal Jan Awas Yojana (DDJAY) scheme in Sector 95.Read more

16 Feb 2023

The Supreme Court recently rejected a special leave petition (SLP) filed by Avarsekar and Sons, a builder, against a ruling from the Bombay High Court. The ruling, made in December of 2022, allowed residents of a prime Prabhadevi building to form a cooperative housing society (CHS), instead of a condominium. The decision came after a petition was filed by Rusabh Shah, the chief promoter of the New Pushpanjali Co-operative Housing Society (proposed) in Prabhadevi, against the builder in 2018.Read more

15 Feb 2023

In 2001, a developer and tech company SRA Systems obtained a sanction plan for the construction of residential apartments along with an IT in the common area but failed to procure necessary permissions which led to the developer constructing another residential building in place of it. The Madras High Court recently ordered the developer to rectify the sale deed with the correct undivided share of interest (UDS) within three months and asked the CMDA to hand over the vacant non-Floor Space Index (FSI) building to the resident welfare association. The court noted that the conveyance of an undivided share in the land, along with a non-FSI block to a private company by the developer was highly irregular and against the sanctioned planning permission.Read more

14 Feb 2023

The Gurugram branch of the Haryana Real Estate Regulatory Authority (H-Rera) has resolved over 25,500 complaints from allottees since it was established in 2018.The Haryana Real Estate Regulatory Authority’s Gurugram branch has passed more than 7,000 judgments and overseen the transfer of 2.5 lakh units during this time. The authority has received a total of 25,509 complaints to date, out of which 12,640 cases were taken to court and the rest were resolved between the parties with the regulator’s intervention.Read more

13 Feb 2023

In accordance with the poll promise of providing financial assistance for poor landowners in the state, the chief minister of Telangana K Chandrashekar Rao finalised the state’s budget allocation for the financial year 2023-24. In its annual budget, the state government has committed Rs 7,890 crore to implement the scheme. The state will provide a sum of three lacs as financial aid in the form of a grant to land owners need not repay in any way. The first phase of the scheme is expected to cover up to two thousand beneficiaries from all one hundred and nineteen legislative constituencies.Read more

13 Feb 2023

The Bombay High Court has raised an important question to the Maharashtra government regarding the ability of the state's housing regulator, the Maharashtra Real Estate Regulatory Authority (MahaRERA), to identify, classify, and rate private developers. The purpose of this is to provide societies and other relevant parties with the information they need to make informed decisions when choosing a builder.Read more

10 Feb 2023

In 2012, Delhi-based Wave Mega City promoter promised possession of 2,300 flats in Noida within four years of booking, in turn collecting more than INR 1,400 crore ($171 million) from prospective buyers. However, a decade later the promoter tried to absolve itself of all responsibilities by filing for insolvency under Section 10 of the Insolvency and Bankruptcy Code (IBC), 2016. The National Company Law Tribunal (NCLT) dismissed the builder's move on the grounds of malicious intent, but the case has set a dangerous precedent. Other smaller builders are now planning to use the same route to rid themselves of their responsibilities, which has made Insolvency Law Committee consider revising the section.Read more

09 Feb 2023

The Maharashtra Real Estate Appellate Tribunal has overturned a decision made by the Maharashtra Real Estate Regulatory Authority (MahaRERA) regarding the registration of property portals as real estate agents. The tribunal has instructed the authority to reconsider the matter. In 2019, the real estate authority had ordered the web portals to register as real estate agents. However, the web portals contested this ruling, claiming that they simply provide information to the public through advertisements and do not participate in any sales.Read more

06 Feb 2023

The Nagpur division of the Bombay High Court has recently raised concerns about the sluggish pace of illegal structure removal in the city. The court directed the three civic bodies - NMC, NIT, and NMRDA - to expedite the process of removal and also called for the police to provide security teams during these operations. The court's directives were made during a hearing for a suo motu public interest lawsuit (PIL No.1/2022), which brought to light that only 227 of the 4,668 unauthorized structures in the city have been demolished since June of the previous year.Read more