Appoint Permanent RERA and Appellate Tribunal Within Three Months, SC Tells 'Recalcitrant' States/UTs [Read Judgment]
5 years, 5 months ago

Appoint Permanent RERA and Appellate Tribunal Within Three Months, SC Tells 'Recalcitrant' States/UTs [Read Judgment]

Live Law  

The Supreme Court has directed the States/Union Territories to appoint permanent adjudicating officers as Real Estate Regulatory Authority and Appellate Tribunal within a period of three months.The court issued this direction in its judgment upholding the amendments made to the Insolvency and Bankruptcy Code in 2018 to treat homebuyers as financial creditors. The Supreme Court has directed the States/Union Territories to appoint permanent adjudicating officers as Real Estate Regulatory Authority and Appellate Tribunal within a period of three months. The bench comprising Justice Rohinton Fali Nariman, Justice Sanjiv Khanna and Justice Surya Kant, noticed that there are some 'recalcitrant' States and Union Territories which are yet to establish/appoint adjudicating officers, the Real Estate Regulatory Authority, as well as the Appellate Tribunal as under the RERA. In this context, the bench said: "We direct that in those States in which the needful has not been done, in that, only interim or no adjudicating officer/Real Estate Regulatory Authority and/or Appellate Tribunal have been appointed/established, such States/Union Territories are directed to appoint permanent adjudicating officers, a Real Estate Regulatory Authority and Appellate Tribunal within a period of three months from the date of this judgment."

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History of this topic

RERA Cases Half Yearly Digest : January -June,2024
6 months ago

RERA Cases Half Yearly Digest : January -June,2024

Live Law  

Ministry of Housing and Urban Affairs The Ministry Of Housing And Urban Affairs Releases Report On The Implementation Status Of The Real Estate Act The Ministry of Housing and Urban Affairs has released the implementation status report of the Real Estate Act, 2016, commonly known as RERA, in India. Haryana RERA Orders Refund To Homebuyer After Builder's Failure To Hand …

RERA Cases Quarterly Digest 2024
9 months ago

RERA Cases Quarterly Digest 2024

Live Law  

Ministry of Housing and Urban Affairs The Ministry Of Housing And Urban Affairs Releases Report On The Implementation Status Of The Real Estate Act The Ministry of Housing and Urban Affairs has released the implementation status report of the Real Estate Act, 2016, commonly known as RERA, in India. Tamil Nadu Real Estate Appellate Tribunal TNREAT Orders Hiranandani Realtors To …

Five years after RERA, TS failed to appoint appellate tribunal
2 years, 1 month ago

Five years after RERA, TS failed to appoint appellate tribunal

Deccan Chronicle  

HYDERABAD: While the Centre passed the Real Estate Act, 2016 to regulate and promote the real estate industry the state government has failed to appoint a regulatory authority and an appellate tribunal since five years, in violation of the Real Estate Regulatory Authority and putting buyers and sellers at risk. According to Section 20 of the Act, the state government …

RERA Act | Under Section 71(1), The Adjudicating Authority Can Decide The Compensation Alone. : Chhattisgarh High Court
2 years, 8 months ago

RERA Act | Under Section 71(1), The Adjudicating Authority Can Decide The Compensation Alone. : Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court recently held that under Section 71 of the Real Estate Act, 2016, the adjudicating authority can decide the compensation alone. The Appellate Tribunal of RERA was not available in Chhattisgarh, as was required under the RERA Act, 2016, to be established within one year. The Court remarked that prima facie, therefore conformant of power on STAT …

Calcutta High Court Seeks State's Response In PIL Alleging Non-Implementation Of RERA In West Bengal
2 years, 10 months ago

Calcutta High Court Seeks State's Response In PIL Alleging Non-Implementation Of RERA In West Bengal

Live Law  

The Calcutta High Court on Tuesday sought response from the State government in a Public Interest Litigation alleging that members of Real Estate Regulatory Authority and the Appellate Tribunal have not yet been appointed in West Bengal despite the State government having notified the establishment of the West Bengal Real Estate Regulatory Authority and the the Real Estate. The Calcutta …

Whether Real Estate Appellate Tribunal Has Jurisdiction To Initiate Suo Moto Proceedings & Pass Directions Under RERA Act? Delhi HC Appoints Amicus
3 years ago

Whether Real Estate Appellate Tribunal Has Jurisdiction To Initiate Suo Moto Proceedings & Pass Directions Under RERA Act? Delhi HC Appoints Amicus

Live Law  

The Delhi High Court has appointed Senior Advocate Rajeeve Mehra as the amicus curiae to assist it in considering the issue as to whether the Real Estate Appellate Tribunal has the jurisdiction to initiate suo motu proceedings and pass directions affecting the ongoing constructions in the city. The petitioner had challenged the order passed by the Real Estate Appellate Tribunal …

Interpretation Of RERA By Courts
3 years, 6 months ago

Interpretation Of RERA By Courts

Live Law  

Real estate sector is one of the core sectors in the economy in terms of its contribution to GDP, employment of labor force and the multiplier effects it has on other vitals of the economy. This issue has surfaced primarily because of proviso of section 3 of the Act which imposes the obligation of registration of the real estate project …

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