Search Results for "Real Estate Regulation and Development Act 2016"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Real Estate Regulation and Development Act 2016"

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High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Plaint in Real Estate Dispute — RERA Bar Under Section 79 Applies to Civil Suits for Possession and Damages. The court held that a civil suit for possession and damages against a developer is barred by Section 79 of the Real Estate (Regulation and Development) Act, 2016, as the dispute falls within the purview of the Real Estate Regulatory Authority.

20 Dec 2024

The case involves a dispute between M/s H.M. Infra Tech Pvt. Ltd. (formerly a partnership firm) and the H.M. Tamborine Apartments Owners Association a...

High Court

Karnataka High Court Quashes RERA Authority's Refund Order Against Builder for Lack of Jurisdiction as Project Was Completed Before RERA Act Came Into Force. The Court held that the Real Estate (Regulation and Development) Act, 2016 applies only to ongoing projects where completion certificate is not issued, and since partial occupancy certificate was issued prior to the Act, the complaint was not maintainable and the order was without jurisdiction.

2 Jan 2023

The case arose from a writ petition filed under Articles 226 and 227 of the Constitution of India by M/s Provident Housing Limited, a real estate deve...

High Court

Bombay High Court Partially Allows Appeal in RERA Refund Dispute — Joint Developer Not Liable for Refund of Amounts Not Received. The court held that under Sections 12 and 18 of RERA, only a promoter who has received payment can be directed to refund, and joint and several liability cannot be imposed without statutory basis.

26 Feb 2024

The case involves a dispute under the Real Estate (Regulation and Development) Act, 2016 (RERA) regarding the refund of amounts paid by an allottee to...

Supreme Court

Supreme Court Allows Appeals of Owners in TDR Dispute — Upholds Godrej & Boyce I and Holds 2016 Amendment Prospective. The Court ruled that the right to 100% TDR for constructing amenities vests upon surrender and development, and the 2016 amendment to Regulation 34 of DCR, 1991 cannot operate retrospectively to defeat that right.

20 Sep 2024

The Supreme Court of India heard a batch of civil appeals arising from three judgments of the Bombay High Court concerning the entitlement of owners/l...

High Court

Bombay High Court Considers Whether Allottee's Withdrawal Right Under RERA Section 18 Is Unqualified After Possession with OC Was Offered; Questions If Such Possession Must Be Litigation-Free Under Section 19(10)

18 Jul 2025

The dispute arose under the Real Estate (Regulation and Development) Act, 2016 between a common developer and four sets of allottees for flats in proj...

High Court

Bombay High Court Considered Promoter's Second Appeals Against Maharashtra Real Estate Appellate Tribunal Orders on Interest Compensation and Dismissal Under RERA Pre-Deposit. The Court examined whether delays attributed to no objection certificates and occupation certificates can be blamed on the promoter, whether allottees' approval of possession date extension waives interest, and whether interest can be retrospective under Section 4(2)(c) read with Rule 4 of the Real Estate (Regulation and Development) Act, 2016.

10 Jul 2023

The matter concerned multiple second appeals filed by M/s Man Global Ltd. Mumbai, a real estate promoter, before the High Court of Judicature at Bomba...

High Court

Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

25 Jun 2021

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

High Court

Madras High Court Allows Appeal in RERA Case for Delay in Possession — Promoter Liable for Interest Under Section 18 of RERA Act, 2016. The court restored the order of TN RERA directing the promoter to pay interest for delay in handing over possession of flat and club house facilities.

10 Jan 2025

The appellant, a retired General Manager of Bharat Petroleum Corporation Limited, entered into a Memorandum of Agreement on 30.07.2011 with the respon...

High Court

Bombay High Court Admits Second Appeal in RERA Refund Case on Substantial Questions of Law Regarding Consent for Extension of Possession Date and Application of Section 62 of Indian Contract Act. The appeal challenges the Appellate Tribunal's order upholding refund under Section 18 RERA, raising issues of novation of contract and consent of allottees.

2 May 2022

The present appeal is filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (RERA) by Jayesh Tanna, Director of ITMC Develo...

Supreme Court

Supreme Court Dismisses Promoter's Appeals in Consumer Disputes Under RERA Due to Binding Precedent on Remedies for Delayed Possession. The National Commission's Reliance on Imperia Structures Ltd. v. Anil Patni & Another Was Upheld, as Section 18 of the Real Estate (Regulation and Development) Act, 2016 Provides Allottees Unqualified Rights to Refund or Interest for Delay.

28 Mar 2022

The appeal arose from a judgment and order dated 11.10.2021 passed by the National Consumer Disputes Redressal Commission in Consumer Case No.1043 of ...

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