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.
Altering project layout without prior notice is an ‘unfair trade practice’- NCDRC orders refund to flat buyer
The National Consumer Disputes Redressal Commission (“Commission”) on March 11, 2022, in the matter of Vikas Jain v. M/s Chintels India Ltd., observed that: “There is an admitted delay in offer of possession. There is also an admitted alteration in the project in as much as it has been bifurcated into two phases with an […]
Insolvency application withdrawal as majority homebuyers accepted builder’s settlement during CIRP- Allows the Supreme Court
The Supreme Court on March 03, 2022 in the matter of Amit Katyal vs Meera Ahuja, allowed withdrawal of Corporate Insolvency Resolution Process (“CIRP”) against a builder in an application filed by three homebuyers. The court exercised power under Article 142 of the Constitution of India to permit withdrawal of CIRP proceedings and set aside all […]
Whether the orders passed under the repealed West Bengal Housing Industry Regulation Authority Act, 2017 be executed? – Cal HC discusses
The Calcutta High Court on February 28, 2022, in the matter of Saptaparna Ray v. District Magistrate and Collector, discussed the validity of an order passed under the repealed West Bengal Housing Industry Regulation Authority Act, 2017 (“WBHIRA Act”). In the instant case, the petitioner approached the West Bengal Housing Industry Regulation Authority (“WBHIRA”) against the private […]
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 […]