Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Regulatory Authority and Approval Process - The RERA Act establishes a comprehensive regulatory framework for the real estate sector, mandating prior registration of projects and ensuring transparency in sales and advertisements. The Authority has broad powers to regulate, approve, and oversee real estate projects, including the power to act proactively against fraud and delays ["Sandeep Pandurang Patil, S/o Pandurang Sitaram Patil VS State of Maharashtra, Through Chief Secretary of Urban development - Bombay"].
Enquiry and Approval Procedures - The Secretary or relevant authority should actively enquire about project approvals, registration status, and compliance with RERA directives before granting permissions or advising stakeholders. This includes verifying project registration, approvals, and adherence to statutory requirements to prevent unscrupulous practices ["Bipul Bharali S/o Late Madhab Bharali VS Prasanta Das S/o Late Kiran Ch. Das - Gauhati"].
Appeals and Dispute Redressal - The Act provides for appeals against orders of RERA or the Appellate Tribunal, emphasizing the importance of timely redressal. Several cases highlight the need for authorities to permit appeals without unnecessary pre-deposit requirements and to ensure proper legal procedures are followed ["Bipul Bharali S/o Late Madhab Bharali VS Prasanta Das S/o Late Kiran Ch. Das - Gauhati"], ["M/S BINDU VENTURES vs SMT KARISHMA P SHAH - Karnataka"], ["SUHAS S KULKARNI vs T. R. BUILDERS AND DEVELOPERS - Karnataka"].
Recommendations for the Secretary - The Secretary should ensure that all project approvals, registration, and compliance verifications are thoroughly conducted and documented before advising or granting permissions. Enquiries should include verifying approvals from RERA or relevant authorities, and any pending appeals or legal proceedings should be considered to uphold the legislative intent of transparency and accountability ["Sandeep Pandurang Patil, S/o Pandurang Sitaram Patil VS State of Maharashtra, Through Chief Secretary of Urban development - Bombay"].
Conclusion - To align with the legislative framework and promote a transparent, efficient real estate sector, the Secretary is advised to systematically enquire about project approvals, registration status, and compliance with RERA provisions before advising stakeholders. This proactive approach will help prevent fraud, ensure regulatory compliance, and foster trust within the sector ["Sandeep Pandurang Patil, S/o Pandurang Sitaram Patil VS State of Maharashtra, Through Chief Secretary of Urban development - Bombay"], ["Bipul Bharali S/o Late Madhab Bharali VS Prasanta Das S/o Late Kiran Ch. Das - Gauhati"].
In the dynamic world of real estate development in Uttar Pradesh, navigating regulatory approvals can be complex. A common query arises: UP REAT advise Secretary to enquire approvals as accord real estate sector? This essentially questions whether the Uttar Pradesh Real Estate Appellate Tribunal (UP REAT) should guide the Secretary to investigate project approvals in line with real estate sector regulations, particularly under the Real Estate (Regulation and Development) Act, 2016 (RERA). This blog post breaks down the approval procedures, drawing from key legal documents and related case insights to help developers, buyers, and stakeholders understand compliance requirements.
Disclaimer: This article provides general information based on available legal documents and is not a substitute for professional legal advice. Consult a qualified attorney for specific cases.
The RERA Act, 2016, revolutionized the real estate sector by mandating transparency and accountability. In Uttar Pradesh, the Real Estate Regulatory Authority (UP RERA) oversees project registrations and approvals. Key documents highlight that projects must be registered with the authority before commencement, which involves submitting detailed project information and obtaining approval NEWTECH PROMOTERS AND DEVELOPERS PVT. LTD. VS STATE OF U. P. - 2021 8 Supreme 15.
The Act applies retrospectively to ongoing projects, ensuring even pre-existing developments comply with new standards for stakeholder protection NEWTECH PROMOTERS AND DEVELOPERS PVT. LTD. VS STATE OF U. P. - 2021 8 Supreme 15. This framework promotes time-bound clearances, reducing delays and fostering efficiency FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) VS STATE OF WEST BENGAL - 2021 0 Supreme(SC) 294.
Under Section 3 of the RERA Act, no promoter can advertise, market, or sell without prior registration. The process requires:- Detailed project information, including plans, land titles, and approvals from competent authorities.- Submission in the prescribed form, manner, and fees set by UP RERA regulations FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) VS STATE OF WEST BENGAL - 2021 0 Supreme(SC) 294.
The statutory requirement that projects must be registered with the authority before commencement NEWTECH PROMOTERS AND DEVELOPERS PVT. LTD. VS STATE OF U. P. - 2021 8 Supreme 15 underscores this as a non-negotiable step. Non-compliance can lead to penalties, project halts, or revocation.
UP RERA has broad powers:- Framing rules for approvals and complaint handling FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) VS STATE OF WEST BENGAL - 2021 0 Supreme(SC) 294.- Delegating functions to members for expeditious processing FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) VS STATE OF WEST BENGAL - 2021 0 Supreme(SC) 294.- Issuing recovery certificates for enforcement FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) VS STATE OF WEST BENGAL - 2021 0 Supreme(SC) 294.
This enables a streamlined, single-window system, minimizing bureaucratic hurdles.
The Act emphasizes timely approvals. For ongoing projects, retrospective provisions apply: The Act aims to regulate both ongoing and future projects, with a clear emphasis on transparency and timely approvals NEWTECH PROMOTERS AND DEVELOPERS PVT. LTD. VS STATE OF U. P. - 2021 8 Supreme 15. Projects with completion certificates before RERA's enforcement may be exempt, as seen in comparative cases (e.g., partial occupancy exemptions under Karnataka rules) Provident Housing Limited VS Karnataka Real Estate Regulatory Authority - 2023 Supreme(Kar) 15.
While focused on Uttar Pradesh, nationwide RERA implementations offer valuable lessons. For instance:- In Karnataka, the Real Estate Appellate Tribunal (K-REAT) upheld pre-deposit requirements for penalty appeals under Section 43(5), stressing no waiver without exceptional hardship Vrinda Krishna Realtech Private Limited VS State of Punjab - 2024 Supreme(P&H) 1026. This highlights enforcement rigor, relevant for UP developers facing penalties for approval lapses.- A Kerala case clarified appellate limits: K-REAT cannot direct K-RERA beyond jurisdiction, reinforcing that approvals follow statutory processes TATA REALTY AND INFRASTRUCTURE LIMITED vs VIVEK KRISHNAMOORTHY - 2023 Supreme(Online)(KER) 7271.- Rajasthan RERA imposed additional penalties on appeals for non-compliance, with partial payments noted File No. F.3(461)RJRERA P 2017 Suo Moto through Registrar of the Authority Versus Builders Alliance Pvt. Ltd..- Exemptions apply to completed projects: Projects receiving partial occupancy certificates prior to enactment are exempt from certain provisions Provident Housing Limited VS Karnataka Real Estate Regulatory Authority - 2023 Supreme(Kar) 15.
These cases illustrate uniform principles: strict registration, penalties for violations, and limited exemptions. In UP, similar scrutiny applies, where lack of permissions bars registration complaints Mohammed Zain Khan VS Emnoy Properties India - 2024 Supreme(Bom) 1089.
UP RERA must publish defaulter lists, enhancing transparency Shwas Homes Private Ltd. VS Moon Waters Owners Association - 2023 Supreme(Ker) 307.
Developers often overlook retrospective applicability, leading to issues. Non-registration invites penalties, as in Punjab where RERA filed criminal complaints Vrinda Krishna Realtech Private Limited VS State of Punjab - 2024 Supreme(P&H) 1026. Quasi-judicial decisions on revocation are administrative, requiring only show-cause notices PSA Impex Private Ltd. Thru Authorized Signatory Raj Kumar VS Real Estate Appellate Tribunal Lko. Thru Registrar - 2021 Supreme(All) 1104.
Buyers can file complaints post-registration; unregistered projects capable of registration allow claims, but not those lacking permissions Mohammed Zain Khan VS Emnoy Properties India - 2024 Supreme(Bom) 1089.
Regarding the query on UP REAT advising the Secretary: While REAT handles appeals, primary enquiries into approvals fall under UP RERA's investigative powers (e.g., Section 35) Shwas Homes Private Ltd. VS Moon Waters Owners Association - 2023 Supreme(Ker) 307. Coordination may occur, but RERA leads enforcement.
UP RERA's approval procedures prioritize transparency, efficiency, and protection. The approval procedures for real estate projects in Uttar Pradesh are governed by the provisions of the RERA Act, which mandate registration and approval through regulations formulated by the authority FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) VS STATE OF WEST BENGAL - 2021 0 Supreme(SC) 294NEWTECH PROMOTERS AND DEVELOPERS PVT. LTD. VS STATE OF U. P. - 2021 8 Supreme 15. By adhering to these, stakeholders mitigate risks.
Key Takeaways:- Register before any sales or construction.- Leverage authority's regulatory powers for timely nods.- Note retrospective scope and exemptions.- Stay updated via official portals.
For tailored guidance, reach out to legal experts. This framework not only complies with law but builds trust in Uttar Pradesh's booming real estate sector.
Chapter V of the RERA Act establishes the Real Estate Regulatory Authority and vests it with broad powers to regulate the real estate sector. ... Section 3 of the RERA Act mandates prior registration of real estate projects with RERA, prohibiting any advertisement or sale without proper registration, thus reflecting the legislature’s intent to curtail unscrupulous practices in the real estate sector. 12. ... He str....
This Act has come for regulation and promotion of the real estate sector and to ensure sale of plot, apartment or building etc. in an efficient and transparent manner and to promote the interest of consumers in the real estate sector and to establish an adjudicating mechanism for speedy dispute redressal ... This is an appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 read with Section 100 of the Code of Civil Procedur....
Karnataka Real Estate Regulatory Authority (Appeal (K-REAT) No.266-2020, decided on 19.08.2021 and Nirmal Singh v. State of Punjab (CWP-17133-2020, decided on 16.02.2021). 7. ... A criminal complaint was filed by the Real Estate Regulatory Authority, Punjab (for short the "RERA") against the director of the petitioner company. ... Interim Real Estate Regulatory Authority (RERA Appeal No.22 of 2018 (CH-I), decided on 26.10.2018), Lotus Realtech Pvt. Ltd. v. State of H....
The authority thereafter preferred an appeal before the Karnataka Real Estate Appellate Tribunal, Bengaluru, REAT, which was registered as Appeal No. (K-REAT) 53/2021. ... (K-REAT)53/2021 ON THE FILE OF THE KARNATAKA REAL ESTATE APPELLATE TRIBUNAL, BENGALURU AND RESTORE THE ORDER DATED 24/04/2021 MADE BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY (RESPONDENT No.2) IN PROCEEDINGS No.CMP/UR/190604/ 0003173, IN THE INTEREST OF JUST....
(K-REAT) 12 of 2021, before the Karnataka real Estate Appellate Tribunal seeking quashing of the order dated 02.08.2018, of the Adjudicating Officer, K-RERA. ... (K-REAT) 12/2021, before the Karnataka Real Estate Appellate Tribunal p style="text-align ... Shri Amit Anand, learned Advocate for respondent No.1 has filed a memo of even date, which reads thus: 1 Karnataka Real Estate Appellate Tribunal - 3 - " ... (K-REAT#HL_EN....
Haryana Real Estate Regulatory Authority, Gurugram, and the Haryana Real Estate Appellate Tribunal. ... Estate Appellate Tribunal, for the purpose of complying with the 'pre-deposit condition' stipulated in Section 43(5) of the Real Estate (Regulation & Development) Act, 2016. ... (ORAL) Vide this petition, the petitioner seeks issuance of a writ in the nature of mandamus directing respondent no.4 to list its appeal bearing no.H-REAT-299- 2022....
JUDGMENT The challenge in this MSA is to the order dated 29.09.2021 passed by the Kerala Real Estate Appellate Tribunal (K-REAT), Ernakulam in REFA No.19/2021. ... They filed Complaint No.207/2020 before the Kerala Real Estate Regulatory Authority (K-RERA). The promoter resisted the claim on the ground that the K-RERA is not the proper authority to decide the claim. 2. ... After hearing both sides, K-RERA found that it has no authority or jurisdiction to order return of advance amount under Section 18(....
Promoter preferred an appeal Page 1 of 3 F.3 (461)RJ/RERA/P/2017RAJASTHAN REAL ESTATE REGULATORY AUTHORITY, JAIPUR wratera feurait No. 72/2021 before the Hon'ble REAT which was dismissed vide order dated 19.07.2022 with imposition of additional penalty for Rs.20,000/-. ... Page 2 of 3 F.3 (461)RU/RERA/P/2017_ RAJASTHAN REAL ESTATE REGULATORY AUTHORITY, JAIPUR aratera feugait With regard to penalty imposed by the Authority upto the tune of Rs. 1 lac, it is reported Rs.30,000/- is already remitted bef....
BY THE HON'BLE REAL ESTATE APPELLATE TRIBUNAL IN APPEAL (K-REAT) NOS.66/2022 AND 65/2022 PRODUCED AS ANNEXURE-A. ... Estate (Regulation and Development) Act, 2016, the complaints bearing 2 Karnataka Real Estate Regulatory Authority ... Feeling aggrieved, appellants approached K-REAT. ... (K-REAT) 65/2022 and 66/2022. 2. ... —The expression “High Court” means the High Court of a State or Union territo....
APPEAL IS FILED SECTION 58 OF THE KARNATAKA REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016, PRAYING TO CALL FOR RECORDS PERTAINING TO K- REAT APPEAL NO.75/2020 ON THE FILE OF THE K-REAT AND ISSUE AN ORDER OR DIRECTION ... THE ADJUDICATING OFFICER THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY 2ND FLOOR, SILVER JUBILEE BLOCK UNITY BUILDING, CSI COMPOUND 3RD CROSS, MISSION ROAD BANGALORE-560027. ... IN THE ALTERNATIVE, REMAND THE MATTER TO THE FILE OF THE K-#HL_S....
(b) a brief detail of the projects launched by him, in the past five years, whether already completed or being developed as the case may be, including the current status of the said projects, any delay in its completion, details of cases pending, details type of land and payments pending; (c) an authenticated copy of the approvals and commencement certificate from the competent authority obtained in accordance with the laws as may be applicable for the real estate project mentioned in the application, and where the project is proposed to be developed in phases, an authenticated cop....
(c) to maintain a database, on its website, for public viewing, and enter the names and photographs of promoters as defaulters including the project details, registration for which has been revoked or have been penalised under this Act, with reasons therefor, for access to the general public; Functions of Authority-The functions of the Authority shall include— (a) to register and regulate real estate projects and real estate agents registered under this Act; (b) to publish and maintain a website of records, for public viewing, of all real estate projects for which registrat....
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....
Under Section 88 of the RERA, the application of other laws are not barred. It seeks to protect the interests of consumers in the real estate sector and provides for a system for speedy redressal of grievances. It establishes the Real Estate Regulatory Authority to achieve the said objectives to ensure efficiency and transparency in the real estate sector.
to publish and maintain a website of records, for public viewing, of all real estate projects for which registration has been given, with such details as may be prescribed, including information provided in the application for which registration has been granted; to register and regulate real estate projects and real estate agents registered under this Act; to maintain a database, on its website, for public viewing, and enter the names and photographs of promoters as defaulters including the project details, registration for which has been revoked or have been penalised und....
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