Supreme Court
Supreme Court Asks States To Submit Suggestions For Model Builder-Buyer Agreement With Mandatory RERA Clauses
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha asked states to submit suggestions to the Union Ministry of Housing and Urban Affairs on the model builder-buyer agreement with the mandatory provisions of the Real Estate (Regulation and Development) Act 2016 (RERA Act). At the outset, amicus curiae Advocate Devashish Bharuka submitted that in terms of the last order, the court had asked to at least frame Part A of the model agreement, which was to have...
Centre Proposes To Submit Model Builder-Buyer Agreement With Mandatory RERA Clauses Before Supreme Court
The Central Government has proposed to submit before the Supreme Court a model builder-buyer agreement with mandatory clauses which cannot be altered by the States or the Union Territories.Additional Solicitor General Aiswharya Bhati and amicus curiae Devashish Bharuka submitted before the Court that the model agreement will have Part A which will have core clauses with the mandatory provisions of the Real Estate (Regulation and Development) Act 2016 for the protection of the home buyers and...
Model Builder-Buyer Agreement: Supreme Court Asks Amicus & Centre To Provide A Roadmap
In a plea seeking direction to the Centre to frame model builder-buyer and agent-buyer agreements to ensure uniformity, the Supreme Court, on Friday, asked the Amicus Curiae and Additional Solicitor General, Ms. Aishwarya Bhati appearing on behalf of the Ministry of Housing and Urban Affairs, Govt. of India (Ministry), to provide a roadmap to the future, so that it can pass some comprehensive directions. The Apex Court noted that the said road map would assist it in formulating a feasible...
Model Builder-Buyer Agreement : Supreme Court Asks States/UT's To Share Information Sought By Ministry Of Housing
On a plea seeking a direction to the Center to frame model builder-buyer and agent-buyer agreements to ensure uniformity across the country, the Supreme Court on Monday directed the Chief Secretaries of States Union Territories to circulate the information sought by the the Secretary Ministry of Housing and Urban Affairs by May 15, 2022. The bench of Justices DY Chandrachud and Surya Kant in their order noted that only 5 states had responded to the communication dated March 2, 2022...
Robust Regulatory Mechanism & Draft Agreement Already Prescribed Under RERA: Centre Tells Supreme Court In Plea Seeking Model Builder Buyer Agreement
Responding to a plea seeking a model builder buyer agreement, the Central Government has submitted before the Supreme Court that a robust regulatory mechanism and draft 'agreement for sale" has already been prescribed under the provisions of RERA [Real Estate (Regulation and Development) Act].According to Centre, the mechanism prescribed under RERA seeks to balance the rights and interest of homebuyers and promoters in an accountable and transparent manner.The submission has been made...
RERA - Regulatory Authority Has Exclusive Jurisdiction To Direct Refund To Allottee; Adjudicating Officer Has Power To Determine Compensation : Supreme Court
The Supreme Court in its judgment delivered on Thursday (11th November) had, inter alia, held that the regulatory authority has exclusive jurisdiction to direct refund of the amount, and interest on the refund amount, or directing payment of interest for delayed delivery of possession, or penalty and interest thereon, to the allottee; whereas the adjudication for determining compensation and interest thereon is with the adjudicating authority. A Bench comprising...
BREAKING : Supreme Court Upholds Application Of RERA To Real Estate Projects Ongoing At Act's Commencement
The Supreme Court on Friday upheld the retroactive application of the Real Estate(Regulation and Development) Act, 2016 to the real estate projects which were ongoing at the commencement of the Act.The bench comprising Justices Uday Umesh Lalit, Ajay Rastogi and Aniruddha Bose observed that the RERA Act does not apply to the projects already completed or to which the completion certificate has been granted at the commencement of the Act. The court rejected the contentions raised by...
'An Important Issue Of Consumer Protection': Supreme Court Emphasise On The Need To Frame Model Builder-Buyer Agreement Under RERA, Asks ASG To Assist The Court
Noting that it is a "very important issue of public interest", the Supreme Court on Monday asked ASG K. M. Nataraj to assist the Court on the issue of the need for the framing of a model agreement for builder-buyers under the RERA.The bench of Justices D. Y. Chandrachud and A. S. Bopanna was hearing a string of petitions under Article 32 raising the grievances of flat-purchasers that in the absence of uniform Builder-Buyer and Agent-Buyer Agreements, the purchasers are left to the mercy of...
Whether RERA Is Authorised To Prefer Appeal To HC Against Decision Of Appellate Tribunal?: Supreme Court To Consider
The Supreme Court on Friday agreed to consider the question of law whether the scheme of the RERA Act envisages the Authority, RERA, as being empowered or authorised to prefer an appeal before the High Court against a decision passed by the Appellate Tribunal.The bench of Justices Abdul Nazeer and Krishna Murari was hearing an SLP by Satyam Infracon against a March order of the Gujarat High Court holding that the Gujarat RERA would be included in the definition of 'Person' on a conjoint reading...
Breaking: "Encroachment Of State Legislature Upon The Domain Of Parliament": Supreme Court Strikes Down West Bengal Housing Industry Regulation Act
The Supreme Court on Tuesday struck down the West Bengal Housing Industry Regulation Act, 2017( WBHIRA), holding it to be unconstitutional in view of the 2017 Real Estate (Regulation and Development) Act (RERA) which is the central legislation on the identical subject-matter.However, with a view to prevent any chaos in the real estate industry in the state, the Court in exercise of its powers under Article 142, clarified that all sanctions and registrations previously granted under the HIRA...
Inappropriate To Entertain Art. 32 Plea By Homebuyers Against Developers: Supreme Courts Points To Provisions In CPA, RERA, IBC, Criminal Law
The Supreme Court on Thursday declared that proceedings under Article 32 of the Constitution by a purchaser, seeking relief in respect of a real estate project, cannot be entertained. The bench of Justices D. Y. Chandrachud and M. R. Shah was considering a writ petition by one of the home-buyers in respect of a real estate project called "Sushant Megapolis" in Bulandshahar. The primary relief which had been sought was (i) cancellation of all the agreements; (ii) refund of money...