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.
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 […]