Browsing Tag

real estate law India

13 posts
In a sharp rebuke to misuse of public interest litigation, the Bombay High Court on April 8, 2026, dismissed a 13-year-old PIL challenging the redevelopment of a luxury tower on Altamount Road, calling it a private grievance disguised as a public cause. The court noted that the building was already constructed and partly occupied as per valid approvals, with no proven safety hazards.

Bombay High Court Shocker: Builder Can’t Form Two Societies in One Building

In a major ruling impacting mixed-use housing projects, the Bombay High Court has held that developers cannot form separate cooperative societies for residential and commercial units in the same building unless they are functionally and physically independent. The Court also declared the 2004 Maharashtra government circular permitting such practice as having no statutory force.
India’s housing market is shifting toward bigger homes, with average apartment sizes rising 17% in two years as luxury demand surges and buyers prioritize space, lifestyle, and premium living.

Even Unregistered Allotment Letters Before RERA Hold Value If Money Was Paid and Flats Promised

MahaRERA’s latest order states that even pre-RERA allotment letters are valid proof of flat booking if money was paid and possession was promised. AAP Realtors and Samta Builders have been ordered to refund or allot alternate flats in the Tirumala Habitats project, with a ₹1 lakh penalty for non-disclosure.
In a pioneering ruling, MahaREAT directs developers to repay a buyer's 2009 cash booking of ₹7.5 lakh as part of ₹15 lakh relief with interest, upholding an unregistered deal and piercing partnership defenses.

MahaRERA Tribunal Holds Ex-Partner as ‘Promoter’, Affirms Allottee’s Rights in RERA Battle

In a key ruling, the MahaRERA Appellate Tribunal has held a former partner in a real estate firm to be a ‘promoter’ under the RERA Act, rejecting his plea to waive the mandatory pre-deposit before appeal. The decision affirms the rights of an allottee in a delayed possession dispute and reinforces the legal safeguards built into RERA.