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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The Authority can impose penalties for non-registration and can direct projects to be registered, including schemes in planning zones, to ensure compliance and transparency ["K. Bharathan s/o Mullappily Balakrishnan Nair vs Top Crystal Owners Association - Kerala"].
Analysis and Conclusion:
References:- ["Real Estate Regulatory Authority, rep. by its Chairperson, Thalaimuthu Natarajan Maligai vs S.M. Syed Abdul Khader Mutawalli, S.M.M. Mohideen Wakf Alal Aulad - Madras"]- ["Mohammed Zain Khan VS Emnoy Properties India - Bombay"]- ["Graceland Foundation VS Kerala Real Estate Regulatory Authority - Kerala"]- ["S.p. Chidanand S/o Sri. S.r. Puttaswamaiah Vs State Of Karnataka - Karnataka"]- ["M/s Experion Developers Private Limited VS State Of Haryana - Punjab and Haryana"]- ["File no.F5 889 RJ RERA Comp. 2019 Suo Moto VS Shree Ram Group (Promoter Company) Oder Date 18.09.2019 - Real Estate Regulatory Authority"]- ["MOHAMMED ZAIN KHAN vs EMNOY PROPERTIES INDIA A LIMITED LIABILITY PARTNERSHIP MUMBAI- 400052 and ORS. - Bombay"]- ["Adinath Srinivasa Foundations LLP, Rep. by Managing Partner, Chennai VS Secretary, Serene Kshetra Owners Association, Rep. by its Secretary Shekar Murthy - Madras"]- ["M/S.ADINATH SRINIVASA FOUNDA vs THE SECRETARY - Madras"]- ["Serene Adinath Retirement Community Apartment Owners' Association vs Covai Property Centre (I) Private Limited - Madras"]- ["INDAAD00000003580"]- ["K. Bharathan s/o Mullappily Balakrishnan Nair vs Top Crystal Owners Association - Kerala"]
In the dynamic world of Indian real estate, developers, buyers, and investors often grapple with overlapping regulations. One pressing question arises frequently: can the Real Estate Regulatory Authority (RERA) include any scheme in a planning area? This query touches on the boundaries between RERA's regulatory powers and the broader framework of town planning laws. Understanding this distinction is crucial to avoid legal pitfalls and ensure compliance.
This article delves into judicial interpretations, RERA's scope, and insights from key cases. While this provides general information based on precedents, it is not legal advice—consult a qualified attorney for specific situations.
Established under the Real Estate (Regulation and Development) Act, 2016, RERA aims to protect homebuyers, promote transparency, and regulate the sector. Its core functions include:
However, RERA's authority is supervisory, not creative or approving in terms of land use planning. It operates within existing development frameworks, as clarified in multiple judgments. For instance, registration is required for ongoing projects without completion certificates, but exemptions apply for those with partial occupancy certificates issued before the Act's commencement Macrotech Developers Limited VS State of Maharashtra - 2021 Supreme(Bom) 804Provident Housing Limited VS Karnataka Real Estate Regulatory Authority - 2023 Supreme(Kar) 15.
Planning areas are designated zones under town and country planning laws where development is systematically controlled. Schemes here refer to town development schemes aimed at implementing broader development plans, involving land use, infrastructure, and zoning.
Judicial rulings firmly establish that RERA does not have the authority to include or approve such schemes. Its role is limited to regulating registered projects within approved plans, not formulating or incorporating new schemes. This prevents overreach into state-level town planning domains FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) VS STATE OF WEST BENGAL - 2021 0 Supreme(SC) 294Chairman, Indore Vikas Pradhikaran VS Pune Industrial Cock & Chem. LTD. - 2007 0 Supreme(SC) 735.
The court emphasized RERA's deference to state laws: The RERA naturally has not attempted to supplant these State enactments which govern the permissible use of land for development, the applicable norms for construction activity, the nature and extent of development permissible on land falling within municipal and local areas and the process of carrying out construction from its initiation to completion. FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) VS STATE OF WEST BENGAL - 2021 0 Supreme(SC) 294
This ruling underscores that control over development in planning areas remains with municipal and state authorities, not RERA.
Here, the judiciary clarified: A town development scheme can only be framed for the implementation of a development plan. Chairman, Indore Vikas Pradhikaran VS Pune Industrial Cock & Chem. LTD. - 2007 0 Supreme(SC) 735 Schemes must align with sanctioned development plans, involving public participation and environmental checks—functions reserved for town planning authorities like the Director of Town and Country Planning, not RERA.
The court further noted that declaring intent for a scheme is part of plan implementation, reinforcing that RERA cannot arbitrarily include schemes Chairman, Indore Vikas Pradhikaran VS Pune Industrial Cock & Chem. LTD. - 2007 0 Supreme(SC) 735.
Town planning legislation governs scheme formulation and approval:
Related cases highlight jurisdictional boundaries. In one, the Adjudicating Officer exceeded scope by addressing possession restoration, as such matters fall under RERA Authority, not adjudication for unregistered or exempt projects Hiren Sureshbhai Patel VS State Of Gujarat - 2023 Supreme(Guj) 371. Similarly, projects with pre-Act partial occupancy certificates are exempt from registration, shifting remedies outside RERA Macrotech Developers Limited VS State of Maharashtra - 2021 Supreme(Bom) 804Provident Housing Limited VS Karnataka Real Estate Regulatory Authority - 2023 Supreme(Kar) 15.
While RERA cannot include schemes, it regulates projects in planning areas:
Any RERA attempt to include schemes without town planning adherence would be ultra vires (beyond powers) FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) VS STATE OF WEST BENGAL - 2021 0 Supreme(SC) 294. In disputes, like those over 'ongoing' status, RERA assesses based on evidence, not assuming planning roles Macrotech Developers Limited VS State of Maharashtra - 2021 Supreme(Bom) 804.
Key limitations:- No power to override municipal laws or development plans FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) VS STATE OF WEST BENGAL - 2021 0 Supreme(SC) 294.- Schemes must implement approved plans; RERA regulates end-projects Chairman, Indore Vikas Pradhikaran VS Pune Industrial Cock & Chem. LTD. - 2007 0 Supreme(SC) 735.- Jurisdiction disputes resolved via appeals or writs, maintaining functional separation MANISH KUMAR VS UNION OF INDIA - 2021 Supreme(SC) 23.
For unapproved schemes, pursue amendments under town planning laws before RERA involvement.
In summary, RERA typically cannot include or approve schemes in planning areas—its domain is regulation of registered projects under existing frameworks managed by town planning authorities and state governments FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) VS STATE OF WEST BENGAL - 2021 0 Supreme(SC) 294Chairman, Indore Vikas Pradhikaran VS Pune Industrial Cock & Chem. LTD. - 2007 0 Supreme(SC) 735. This balance protects consumers while respecting statutory hierarchies.
Key takeaways:- RERA regulates, doesn't plan.- Schemes require town planning validation.- Registration is mandatory for sales in planning areas, with exemptions noted.- Judicial precedents guide compliance.
Stay informed on evolving RERA implementations across states. For tailored advice, engage legal experts.
References: FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) VS STATE OF WEST BENGAL - 2021 0 Supreme(SC) 294, Chairman, Indore Vikas Pradhikaran VS Pune Industrial Cock & Chem. LTD. - 2007 0 Supreme(SC) 735, Yogesh Keshav Bele VS Maharashtra Real Estate Regulatory Authority - 2023 Supreme(Bom) 1354, File no.F5 889 RJ RERA Comp. 2019 Suo Moto VS Shree Ram Group (Promoter Company) Oder Date 18.09.2019, Cordial Foundation Pvt. Ltd. , Represented By Its Executive Director N. Vijayan Unnithan VS Purushothama Bharathi, S/o. Late Mathew M Kuzhiveli - 2023 Supreme(Ker) 854, Hiren Sureshbhai Patel VS State Of Gujarat - 2023 Supreme(Guj) 371, Provident Housing Limited VS Karnataka Real Estate Regulatory Authority - 2023 Supreme(Kar) 15, Macrotech Developers Limited VS State of Maharashtra - 2021 Supreme(Bom) 804, MANISH KUMAR VS UNION OF INDIA - 2021 Supreme(SC) 23, Paramount Prop Build Pvt. Ltd Through Its Signatory Mr. Anil Kumar Gupta VS State Of U. P. - 2020 Supreme(All) 1057.
#RERA, #RealEstateLaw, #TownPlanning
Section 3 places an embargo on a promoter from advertising, marketing, booking, selling or offering for sale, or inviting persons to purchase a plot or apartment or a building in a real estate project without registration of that project with the Real Estate Regulatory Authority. ... Varalaxmi on record for the Tamil Nadu Real Estate Regulatory Authority 19. ... It is for that purpose that the legislation has been....
of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under this Act: Provided that projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not been issued ... The statutory scheme is such that a real estate project cannot be registered unless appropriate permission for e....
part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under this Act: Provided that projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not been ... Motu Complaint No. 1576/K-RERA/2021, on the files of the Real Estate Regulatory Authority. ... I....
registering the real estate project with the Regulatory Authority. ... Sections 20 to 30 provides for establishment of Real Estate Regulatory Authority. ... On 23rd August 2017, the Appellant lodged a written complaint with the Maharashtra Real Estate Regulatory Authority (Regulatory Authority) alleging various illegality committed by the Respo....
with the Regulatory Authority upon an application under Section 4 of the Real Estate Act. ... The Regulatory Authority is of the opinion that the promoters of the real estate projects are evading the provisions of the Real Estate Act refusing to register their projects under the Real Estate Act because the Planning Authority is granting Final A....
the real estate project with the Real Estate Regulatory Authority established under this Act”. ... THE RAJASTHAN REAL ESTATE REGULATORY AUTHORITY, JAIPUR Suo Moto Versus Shree Ram Group (promoter firm) File No. ... Section 3 of the Act states that “no promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, i....
part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under this Act: Provided that projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not ... Prior registration of real estate project with Real Estate Regulatory Au....
The appellants herein are the respondents in complaint No.235/2022 on the files of the Kerala Real Estate Regulatory Authority, Thiruvananthapuram and the appellants in REFA No.1/2023 on the files of the Kerala Real Estate Appellate Tribunal, Ernakulam. ... The appellants impugn order in complaint No.235/2022 dated 15.12.2022 and the order of the Kerala Real Estate Appellate Tribunal in REFA No.1/2023 dated 15.09.2023. The respondent is the petitione....
THE RAJAIiTHAN REAL ESTATE REGULATORY Regulatory Authority the real estate area, without r,egistering span style="font-family
part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under this Act: Provided that projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not been ... Chapter II of the Act relates to the registration of real estate projects. Section 3 mandates prior registration of real#H....
No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under this Act: 2(zn) “real estate project” means the development of a building or a building consisting of apartments, or converting an existing building or a part thereof into apartments, or the development of land into plots or apartments, as the case may be, for the p....
It is for this Authority to consider whether to grant registration or not and in case of breach of terms and conditions on the part of the Promoter, whether to revoke the said registration under Section 7 of the Act. It is conferred with the jurisdiction to entertain the application for registration of the projects. As can be seen from the provisions of Sections 3 and 4 of the RERA, application for registration of real estate project is to be made to this Real Estate Regulatory Authority, established under Section 20 of the said Act. Chapter 'V' of the RERA deals with the 'Establis....
The Act contemplates setting-up of a Real Estate Regulatory Authority, a Central Advisory Council and the Real Estate Appellate Tribunal. Section 72 provides for the factors to be taken into consideration for adjudging the quantum of compensation or interest under Section 71. Offences and penalties are provided for to give teeth to the Act. Section 71 gives the power of adjudication of compensation.
The provisions of Sections 3 and 59 of the Act, 2016 which are relevant for the purposes of the controversy involved in the present writ petition, are reproduced below: “3. Prior registration of real estate project with Real Estate Regulatory Authority-(1) Provided that projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not been issued, the promoter shall make an application to the Authority for registration of the said project within a period of three months from the date of commencement of this Act: Provided furt....
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