REAT
RERA Cases Weekly Round Up: 11th January To 18th January, 2026
NOMINAL INDEX PS Group Realty Pvt. Ltd. v. Ayush Trade-links Private Limited, 2026 LLBiz REAT (WB) 2Forum Projects Private Limited & Ors. v. Chittaranjan Choudhury & Ors., 2026 LLBiz REAT (WB) 1Sanju Daulatraj Desai v. Realgem Buildtech Private Limited & Ors., 2026 LLBiz REAT (MH) 5Bhopal Development Authority v. Roop Laxmi Singh, 2026 LLBiz REAT (MP) 4Parth Developer v. Yogesh Mahajan & Anr., 2026 LLBiz REAT (MP) 3Alok Kumar Singh & Ors. v. Intofinity Promoters Private...
MahaREAT Grants Interim Relief to Homebuyer, Says RERA Jurisdiction Not Ousted by Arbitration Clause
The Maharashtra Real Estate Appellate Tribunal (MahaREAT), Mumbai, recently granted interim relief to a homebuyer of the "Rustomjee Crown" project, holding that an arbitration clause in an allocation letter cannot be deemed to oust RERA's jurisdictional power. Additionally, in order to avoid future third-party complications, the Tribunal imposed a status quo on the subject flat and held that a developer cannot demand more than 10% of the consideration without a registered agreement for sale. In...
Enforcement Officer Not An 'Authority' Under RERA Act, Orders Have No Force of Law: Madhya Pradesh REAT
The Madhya Pradesh Real Estate Appellate Tribunal (MP REAT) has recently held that an Enforcement Officer under the RERA law is not “the Authority” and therefore has no power to direct a developer to complete project amenities. The tribunal ruled that any such order is without jurisdiction and has no force in law. The bench, comprising Chairman Justice V.P.S. Chauhan and Judicial Member P.C. Gupta, while dealing with an appeal filed by Parth Developer against a 2022 order of a RERA...
Carpet Area Means Net Usable Space, Cannot Be Diluted By Engineering Tolerance: WBREAT
The West Bengal Real Estate Appellate Tribunal (WBREAT) has held that “carpet area” must strictly conform to the statutory definition of net usable floor area. It ruled that promoters cannot rely on tolerance clauses, plaster thickness, or engineering explanations to justify a shortfall in the promised area. A coram of Chairperson Justice Rabindranath Samanta and Administrative Member Dr. Subrat Mukherjee observed that “the intention of law maker was to protect the interest of consumers in real...
WBREAT Upholds Interim Ban On Forum Projects From Selling or Transferring Kolkata 'Atmosphere' Project
The West Bengal Real Estate Appellate Tribunal has upheld an interim order against real estate developer Forum Projects Private Limited. The order restrains the company from selling, transferring, or otherwise dealing with any part of its luxury residential project “Atmosphere” on Kolkata's EM Bypass. A bench of Chairperson Justice Rabindranath Samanta and Administrative Member Dr. Subrat Mukherjee dismissed the developer's appeal. It held that “the interim directions passed by the learned...
Individuals Who Are Not Homebuyers Can Approach RERA If Aggrieved: Odisha REAT
The Odisha Real Estate Appellate Tribunal has ruled that even a person who is not a homebuyer can approach the Odisha Real Estate Authority with a complaint under RERA. It set aside an order of the Odisha Real Estate Regulatory Authority which had dismissed a complaint as not "maintainable”.The tribunal held that the authority wrongly refused to examine whether a project had been registered for land beyond the developer's ownership. The tribunal, comprising Chairman Justice P Patnaik, and...
Homebuyer Cannot Be Forced To Take Possession Of Unallotted Flat: Rajasthan REAT
The Rajasthan Real Estate Appellate Tribunal has held that a real estate developer cannot compel a homebuyer to take possession of a flat that was never allotted to him and cannot deduct administrative charges from a refund when no written Agreement for Sale exists. The tribunal allowed an appeal by a retiree homebuyer and directed the developer to refund the entire amount paid with interest within 45 days.A coram comprising Chairperson Justice Madan Gopal Vyas and Judicial Member Yudhisthir...
UP REAT Orders Probe Into Planning Norm Violations By Greater Noida Authority In Godrej Golf Links Project
The Uttar Pradesh Real Estate Appellate Tribunal (UP REAT) has ordered a government probe into the role of the Greater Noida Industrial Development Authority in granting approvals for the Godrej Golf Links township in Greater Noida, holding that apparent violations of the planning scheme “call for inquiry/investigation as per law”.The tribunal directed the Principal Secretary, Housing and Urban Development, to examine whether the Recreational Entertainment Park scheme and building regulations...
Karnataka REAT Affirms RERA Order, Says No Grounds To Demolish Parts Of L&T Raintree Boulevard Project
The Karnataka Real Estate Appellate Tribunal (KREAT) has dismissed an appeal filed by homebuyers seeking demolition of parts of the L&T Realty Raintree Boulevard project, thereby affirming the Karnataka Real Estate Regulatory Authority's order in favour of L&T Realty Developers Limited. A coram of Judicial Member Justice Santhosh Kumar Shetty N and Administrative Member Mahendra Jain, on November 26, 2025, held that the allottees had “no legal foundation to challenge the decision and...
WBREAT: Extension Of Project Registration Under Section 6 Of RERA Cannot Exceed One Year
West Bengal Real Estate Appellate Tribunal (“Tribunal”) bench comprising Justice Rabindranath Samanta (Chairperson) and Dr. Subrat Mukherjee (Administrative Member) held that under Section 6 of the RERA Act, a project's registration cannot be extended for more than one year. Background Facts Builder (Respondent No. 1) applied for registration of its housing project named “Essense” before the West Bengal Housing Industry Regulatory Authority under the West Bengal Housing Industry ...
Haryana REAT Sets Aside RERA Order Rejecting Inspire Parking Nest's Project Registration Application Due To Lack Of Quorum
Haryana Real Estate Appellate Tribunal (“Tribunal”) bench comprising Justice Rajan Gupta (Chairperson) and Rakesh Manocha (Member–Technical) sets aside the order of Haryana Real Estate Regulatory Authority (“Authority”) rejecting the application for registration of the Commercial Colony promoted by Inspire Parking Nest Pvt. Ltd. Tribunal held that the Authority which consists of a Chairperson and two Members must decide with proper quorum under Section 29 of the RERA Act. Since the...