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Bombay High Court

159 posts
In a landmark ruling on November 25, 2025, the Bombay High Court clarified that the contractual term 'built-up area wall to wall' equates to carpet area, dismissing a developer's challenge to an arbitral award in a Mumbai land development dispute. The decision highlights the need for precise language in real estate agreements to prevent ambiguities over usable space.

From ₹8,000 to ₹9,500: How a Rate Row Between Two Builders Delayed 80 Families for Two Years

“₹8,000 or ₹9,500 per sq.ft.? One builder’s greed over ₹1,500/sq.ft. kept 80 ready Pune flats locked for two years. Today the Bombay High Court said ENOUGH — quashed the stop-work notice and ordered immediate possession. When private fights hurt real home-buyers, the court steps in.”
“Being the owner gives you preferential rights, but not unlimited time.” In a firm order, SRA removes a private landowner as developer after three years of zero progress on a Lower Parel slum scheme, prioritising slum dwellers’ right to timely rehabilitation.

Bombay HC: Cooperative Societies Alone Have the Right to Decide Membership – Registrar Cannot Force Admission

Bombay High Court delivers big win for cooperative housing societies: “Only the society can decide who its members will be – Registrar has no power to force admission.” In a 30-year-old Peddar Road dispute, the Court quashed direct membership granted to heirs who never paid the original contribution.
The Bihar RERA has fined a developer ₹1 lakh for displaying "Coming Soon" posters and online ads for an unregistered project, holding that even minimal promotions violate Section 3 of the RERA Act and defeat buyer protection goals.

MahaRERA Appellate Tribunal Allows CCI Projects’ Delayed Appeal, Says Time Spent in Review Process Must Be Excluded

The MahaRERA Appellate Tribunal has condoned the delay by CCI Projects in appealing against an order awarding interest to homebuyers, holding that time spent on review and writ proceedings cannot be counted toward limitation.
The Rais booked a flat in 2013, paid ₹79 lakh, and were promised possession by December 2017. What followed was a developer collapse, a project takeover, a majority consent exercise they never agreed to — and a regulator that told them to cooperate. The tribunal disagreed.

MahaRERA Rejects Arbitration Clauses in Real Estate Disputes, Upholds Homebuyer Rights

MahaRERA’s November 2025 order, backed by a Bombay High Court ruling, invalidates arbitration clauses in RERA disputes, ensuring homebuyers can directly approach the authority for remedies in cases like the delayed Indiabulls Park 4 project.
A Vile Parle builder's bid to stall land conveyance citing future construction plans was called "preposterous to the core" by the High Court.

Bombay HC Shields Property Buyers: Covid Delay Can’t Cancel Auction Sales

The Bombay High Court has held that auction sales conducted before the Covid-19 lockdown cannot be cancelled merely because buyers missed payment deadlines during the pandemic, ruling that the entire lockdown period must be excluded from statutory timelines.