Arbitral tribunal not barred under section 79 of the RERA Act from passing an order of injunction: Holds Bombay High Court
The Bombay High Court on August 20, 2022 in the matter of Ashok Palav Coop. Housing Society Ltd v. Pankaj Bhagubhai Desai & Anr. held that Arbitral tribunal is not a Civil Court within the meaning and purview of the Code of Civil Procedure, 1908 (“CPC”) and thus, the arbitral proceedings cannot be said to be barred […]
Unregistered Sale Agreement may be received as an evidence of contract in a suit for specific performance- Opines Madras High Court
The Madras High Court on May 07, 2022 in the matter of Lakshmi Ammal and Others v. Gejaraj (died) and others, was of the view that the inadmissibility of the unregistered document will only be with respect to the protection sought under Section 53-A of the Transfer of Property Act and opined that even though the […]
Merely obtaining ‘Occupancy Certificate’ before Section 3 of RERA came into force would not oust jurisdiction of Regulatory Authority- Observes Punjab & Haryana High Court
The Punjab and Haryana High Court on May 03, 2022 in the matter of M/s Experion Developers Private Limited vs. State of Haryana and others observed that obtaining of an occupancy certificate will not render anyone to be outside the purview of the jurisdiction of the State Real Estate Regulatory Authority. In this matter, M/s Experion Developers […]
If a claim of tenancy appears to be prima facie baseless, civil court can refuse reference to land tribunal- Opines Kerala High Court
The Kerala High Court on April 17, 2022 in the matter of Annamma & Ors v. P.V. Varkey & Ors., while dealing with a tenancy case established that simply because a contention was raised in the written statement, there is no necessity for the court to refer it to the land tribunal, if it prima facie […]
Compliance of pre-deposit under Section 43(5) of the RERA Act before entertainment of appeal in a tribunal- Observes Allahabad HC
The Allahabad High Court on April 16, 2022 in the matter of Air Force Naval Housing Board Air Force Station v. U.P. Real Estate Regulatory Authority observed that the statutory compliance of a pre-deposit under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 (“the Act“) by a ‘promoter’ before the entertainment of an appeal in […]
Forcible dispossession of private property of a person without following due process of law is violative of both Human & Constitutional Right- Observes Supreme Court
The Supreme Court on April 06, 2022 in the matter of Sukh Dutt Ratra vs State of Himachal Pradesh, observed that forcible dispossession of private property of a person without following due process of law, is violative of both their human right and constitutional right. In the instant case, Sukh Dutt Ratra and Bhagat Ram claimed […]
Logix City developers declared as insolvent and Interim Resolution Professional (“IRP”) appointed – NCLT Delhi
Just few days after the initiation of Corporate Insolvency Resolution Process of Supertech, Jaypee and Mascot Soho, the NCLT, New Delhi on April 1, 2022, declared another Noida based Real Estate Developer Logix city Developers Private Limited (“Logix”) as insolvent vide its order and appointed the Interim Resolution Professional. In the instant case, Colliers International (India) Property Services Pvt. […]
Officers can’t promote encroachers by allotting alternative lands in absence of statutory provision – Observes Madras High Court
The Madras High Court on March 25, 2022 in the matter of S. Karthikeyan & Anr v. District Collector & Ors. once again made clear its rigid stand on the removal of water body encroachments by stating that officers can’t be allowed to promote encroachers by allotting alternative lands elsewhere. The first bench noted that allotment of […]
The Ministry of Commerce and Industry through DPIIT brought significant change in the definition of the Real Estate business under the FDI Policy.
The Department for Promotion of Industry and Internal Trade (“DPIIT”) on March 14, 2022, released a Press Note issuing amendment to the definition of the real estate business under the Para 5.1(f) and Note (i) to Para 5.2.10.2 of the Consolidated FDI Policy Circular of 2020 (“FDI Policy”). The amended definition is read as under:‘Real Estate business’ […]
183 Real Estate cases pending before Karnataka RERA settled in National Lok Adalat
In the National Lok Adalat on March 12, 2022, for the first time in the history of Karnataka, cases pending before Karnataka Real Estate Regulatory Authority and Real Estate Appellate Authority were taken up for disposal. A total of 183 cases disposed of and a compensation of Rs. 8 Crores paid.