Browsing Tag
RERA
104 posts
Policy or Regulatory Decisions Under RERA Must Be Taken by the Authority as a Whole, Not by One Member Sitting Alone
The Haryana Real Estate Appellate Tribunal has ruled that decisions under RERA cannot be taken by one member alone. The landmark ruling strengthens due process for real estate regulators nationwide.
MahaREAT Landmark Ruling: Housing Societies Not Automatically ‘Promoter’ for Erstwhile Developer’s Liabilities
The Maharashtra Real Estate Appellate Tribunal (MahaREAT) set aside a MahaRERA order, ruling that a cooperative housing society that terminates a developer and undertakes self-redevelopment is not a ‘Promoter’ under RERA and is not liable for the former developer’s debts or obligations to third-party allottees.
Delay Excused: Developer’s Appeal Against MahaRERA to Proceed
In a significant ruling for homebuyers, the Maharashtra Real Estate Appellate Tribunal (MahaREAT) has allowed a developer’s delayed appeal to proceed. The developer, Runwal Developers Pvt. Ltd., successfully argued that a long delay in challenging a MahaRERA order was due to their “bonafide” pursuit of a review application. While the court recognized the delay , it concluded there was no negligence or intentional prolonging of the matter. The appeal was allowed on the condition that the developer pays a cost of ₹10,000 to the homebuyers.
Possession Dates Are Not Up For Negotiation
In a landmark relief for homebuyers, the Maharashtra Real Estate Appellate Tribunal has stayed a MahaRERA order that overturned refund reliefs, ruling that review powers cannot amend substantive orders. This precedent strengthens homebuyer protections against promoter tactics.